MERYFUR INDUSTRIES LIMITED Vs. UNION OF INDIA

JUDGEMENT

(1.) This order will govern the disposal of OMPS No. 76/89, 77/89, 78/89.

(2.) OMP 76/89 under Section a of the Arbitration Act was filed inter-alia alleging that in response to an invitation of tender, the petitioner submitted tender which was accepted by the respondent vide rate contract No. ES-3/RC-1432/PVC(Alum)/ Cable/85-86/33/Meryfur/1337/COAD dated 17th February, -1986 for supply of cables for electric power and lighting in different sizes. Contract in Form No. DGS&D-68 containing arbitration clause No. 24 was executed. Certain disputes arose between the parties and to resolve them the respondent appointed Dr. B.N. Mani as the so to garb arbitrator who entered upon the reference in arbitration case being No. 92-B/88. After Dr. Mani retired from the post of Additional Legal Adviser, he also resigned as arbitrator. Thereafter, petitioner through M/s. Signhania & Company sent a notice under Section 8 of the Act to DGS&D who had to fill up the vacancy under the arbitration clause for appointment of another arbitrator. Despite service of that notice, no arbitrator was appointed within the statutory period of 15 days by DGS&D and as such it had forfeited its right to appoint an arbitrator. It was prayed that an arbitrator be appointed by the Court to adjudicate upon the disputes between the parties.

(3.) In OMP 77/89, petitioner's under which was accepted by the respondent vide rate contract No. ES-3/RC-1430?UGAC/85-86/lll/Meryfur/1419/COAD dated 19th March 1986 was for supply of underground armored PVC insulated and PVC (Sheathed) cables. In OMP 78/89 tender accepted vide rate contract No. ES-3/ RC-1431/PVC(Alum)/Cable/85-86/33/Meryfur/COAD/1368 dated 31st January, 1986 was for supply of non-weather proof unarmored PVC insulated (unsheathed) cables. Averments made in aforesaid two OMPs are identical to that made in OMP 76/89 excepting that the number of arbitration case in OMP 77/89 is 76-B/88 while in OMP 78/89 it is 75-B/88.