SAB INDUSTRIES LTD. Vs. SIDCUL

JUDGEMENT

(1.) Since the factual matrix of both the writ petitions is the same, therefore, they are being decided by this common judgment and order for the sake of brevity and convenience. By means of Writ Petition No. 2164/2013 (M/S), the petitioner seeks to issue a writ, order or direction in the nature of certiorari for quashing the impugned orders dated 21.06.2013 and 24.08.2013 passed by the Managing Director, State Industrial Development Corporation of Uttaranchal (Annexure-6 and 13 respectively of WPMS No. 2164/2013). The petitioner also seeks to quash the order reference No. 32/MD/SIDCUL/2013 dated 21.06.2013 passed by the Managing Director-respondent No. 1 (Annexure-14 to WPMS No. 2164/2013) and further prays to appoint an impartial and independent sole arbitrator in the matter of arbitration between the petitioner and the respondents arising out of the Agreement No. SIDCUI715/2005-058 dated 19.12.2005.

(2.) By means of Writ Petition No. 2165/2013 (M/S), the petitioner seeks to issue a writ, order or direction in the nature of certiorari for quashing the impugned orders dated 21.06.2013 and 24.08.2013 passed by the Managing Director, SIDCUL (Annexure6 and 13 respectively of WPMS No. 2165/2013). The petitioner also seeks to quash the order Reference No. 32/MD/SIDCUL/2013 dated 21.06.2013 passed by the Managing Director-respondent No. 1 and further prays to appoint an impartial and independent sole arbitrator in the matter of arbitration between the petitioner and the respondents arising out of the Agreement No. SIDCUL/16/2005-058 dated 19.12.2005.

(3.) Brief facts of the case are that the petitioner is a company duly incorporated under the Companies Act. The company has passed necessary resolution dated 12.08.2013, by which, Mr. Anil Singla was authorized to engage counsel, sign and verify pleadings, make statements on affidavit and to do all other acts relating thereto. As such, the present writ petitions have been filed through Mr. Anil Singla. On 19.12.2005, the petitioner entered into an agreement with respondent No. 1 (SIDCUL) for executing construction work of Infrastructure Road. PHE and allied civil works at IIE. Pantnagar, Phase-II, Package II. The relevant particulars of the contract are being given hereinbelow: