DSC LIMITED Vs. UNION OF INDIA

JUDGEMENT

(1.) This is a petition filed under Section 14 of the Arbitration & Conciliation Act, 1996 ('Act') seeking an order terminating the mandate of the Sole Arbitrator, Shri R.P. Tripathi.

(2.) Petitioner and respondent had entered into a contract on 24.03.2011 for construction of dwelling units including allied services for officers, JCOs etc. of the Indian Army. Disputes having arisen between the parties, the Arbitration Clause in the contract was invoked for appointment of the Sole Arbitrator. The Engineer-in-Chief of the respondent appointed Shri S.K. Gupta, a serving officer of the respondent as Sole Arbitrator on 12.03.2014. Challenge to the appointment of Shri Gupta lead to filing of a petition in this Court under Section 14 by the petitioner, but the same was dismissed on 12.01.2015. Shri S.K. Gupta, however, resigned and the Engineer-inChief appointed Shri K.K.Gupta, as Sole Arbitrator on 30.10.2015.

(3.) The petitioner again objected to the appointment on the ground that the Act had been amended w.e.f. 23.10.2015 and the appointment of Shri K.K. Gupta was in contravention of Section 12(5) of the Act.