NCC LTD Vs. UNION OF INDIA THROUGH

JUDGEMENT

(1.) This petition has been filed under Section 29A of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the 'Act') seeking extension of time for making of the Arbitral Award by the Sole Arbitrator adjudicating the disputes that have arisen between the parties in relation to the Contract No. DGMAP/ PHASE -II/ PKG. -18/ ARMY/19 of 2009-2010.

(2.) The Arbitration Agreement between the parties is contained in Clause 60 of the General Conditions of the Contract and requires a serving officer having a degree in Engineering to be appointed as an Arbitrator. As the said condition would be violative of Section 12(5) of the Act, the parties entered into a Supplementary Agreement dated 10.07.2017 whereby the consent of the petitioner was recorded for the named Arbitrator to be appointed.

(3.) The formal letter of appointment of Arbitrator was issued by the respondents on 16.08.2017 and the Arbitrator entered upon reference on 01.09.2017 by issuing a Procedural Order.