MANIBHAI Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner, a partnership firm, under took contract to supply sleepers to the respondent-Railways. The said contract was also re-entered by virtue of a repeat order. A dispute between the parties as to the rate payable per sleeper arose and hence as per standard terms of contract between the parties an Arbitrator named one Shri R.C.Agarwal came to be appointed on 3/7/2000. On 8/7/2002 the said Arbitrator resigned owing to his transfer to a different region. On 3/2/2003 the General Manager of respondent-Railways appointed one Shri Viswash Choubey as the Arbitrator with a condition to finalize the case within four months. On 29/9/2003 Shri Choubey resigned. Hence on 5/11/2003 one Shri A.K.Harit was appointed as the new Arbitrator with a direction to complete the arbitration proceedings within a period of four months.

(2.) On 2/8/2005 the Arbitrator recorded minutes and in paragraph No.5 it was recorded thus,

(3.) The petitioner wrote to the General Manager on 12/5/2006 (Annexure 'E') pointing out that the mandate of the Arbitrator had ceased on 31st December, 2005 and, therefore, meeting scheduled on 9/6/2006 should not be held as it was time barred. In the said communication, it was submitted that a retired High Court Judge may be appointed and for this purpose a request was made to agree to the said proposal. The proposal also stated that upon the acceptance of the request the petitioner would submit a list of retired Judges or in the alternative the respondent may give such a list from which the petitioner will select a retired High Court Judge as an Arbitrator. It is an admitted position that no reply was at any point of time given by the respondents. The request was repeated by communication dated 29/5/2006 but the respondent failed to respond. It is at this stage that the petition has been filed on 19th July, 2006.