GUINDY INDUSTRIAL ESTATE INFRASTRUCTURE UPGRADATION COMPANY GARMENT COMPLEX II Vs. M/S GURUMURTHY ENGINEERING ENTERPRISES CIVIL ENGINEERING CONTRACTORS

JUDGEMENT

(1.) THE petition under Sections 14 & 15 of the Arbitration and Conciliation Act, 1996, has been filed with the prayer to terminate the appointment of R3 as Arbitrator of the petitioner / company by the Indian Council of Arbitration.

(2.) THE parties had entered into an agreement on 22.12.2008. Clause 23 and 24 of the agreement reads as under: 23. Disputes 23.1 If either party believes that a decision taken by the Engineer was either outside the authority given to the Engineer by the Contract or that the decision was wrongly taken, the objecting party may file written notice of dispute to the other party with a copy to the Engineer stating that it is giving the notice pursuant to this Clause while stating clearly the basis for the dispute. 23.2 THE party receiving the dispute notice will consider it and reply in writing within 14 days of the receipt of the notice. If no reply is received or the reply is not acceptable to the other party, the affected party may suggest for Arbitration. 24. Procedure for Arbitration: 24.1 THE procedure for arbitration shall be as follows:

(3.) THE request of first respondent was accepted and Mr.Justice P.R.Gokulakrishnan, Retired Chief Justice of Gujarat High Court was appointed as Arbitrator on behalf of the petitioner.