ANIL MEHTA Vs. GENERAL MANAGER

JUDGEMENT

(1.) This petition under Section 15(2) of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the Act) has been filed by the petitioner seeking termination of the mandate of Arbitral Tribunal constituted on 19.09.2014 and to appoint a substitute Arbitral Tribunal to adjudicate the disputes that have arisen between the parties in relation to the work of "Misc work between Samrala to Sanehwal stations in connection with Chandigarh Ludhiana new B.G. Rail Link Project" awarded by the respondent in favour of the petitioner vide Acceptance Letter dated 29-08-2011 and a formal contract agreement No.84W/Dy.CE/Const-II/CDG dated 11-11-2011.

(2.) The counsel for the petitioner submits that disputes have arisen between the parties in relation to the above work, on the request of the petitioner, the respondent appointed Arbitral Tribunal on 19.09.2014 in accordance with Clause 64 of the General Condition of Contract between the parties. He submits that though more than 3 years have passed, the arbitration proceedings are still at the stage of pleadings. He further submits that in this entire period of more than three years, there has not been a single sitting of the Arbitral Tribunal where all three members of the Arbitral Tribunal have been present. He further draws my reference to the letter dated 24.06.2016 addressed by the respondent to the Arbitral Tribunal for expediting the adjudication of the disputes. He submits that in spite of this request, only one sitting of the Arbitral Tribunal took place on 06.02017, where again it was only the Presiding Arbitrator who was present and the other two arbitrators had remained absent. He submits that thereafter, there has been no further sitting of the Arbitral Tribunal.

(3.) Learned counsel for the respondent does not dispute the above facts. He however, submits that the respondent has taken note of the concerned of the petitioner and it would ensure that a fresh Arbitral Tribunal is constituted within a period of two days from today.