PAL CONSTRUCTIONS Vs. CHIEF ENGINEER

JUDGEMENT

(1.) Heard the learned Counsel for the parties. By this Arbitration Petition, the Petitioner is seeking appointment / substitution of Arbitrator to resolve the dispute between the Petitioner and Respondents as per general conditions of Contract Agreement (IAFW 2249).

(2.) The Petitioner has stated that the Respondent No.5 by letter dtd. 13/11/2015 appointed Mr. K.K. Gupta, IDSE stationed at Lucknow as an Arbitrator. Mr. Gupta had entered into the reference on 1/12/2015, which is mentioned in Paragraph 7 of the Petition. The Arbitrator had declared that the Award will be published on or before 30/8/2017. However, the Arbitrator retired from active service and failed to publish the Award in the stipulated time. The Petitioner had requested the Respondent No.5 to appoint another Arbitrator as per letter dtd. 14/12/2018. The Petitioner has stated that no action was taken on the request to appoint or substitute the Arbitrator. The Respondent No.1 had also addressed a letter to Respondent No.5 consenting to the appointment of a substitute Arbitrator for completing the Arbitration proceeding under Sec. 15(2) of the Arbitration and Conciliation Act , 1996. However, till date, no steps have been taken by the Respondents for appointment of a substitute Arbitrator. Accordingly, present Arbitration Petition has been filed.

(3.) The learned Counsel for the Petitioner as well as Respondent Nos. 2 to 7 make a joint request for appointment of Sole Arbitrator in place of Mr. K.K. Gupta, the erstwhile Arbitrator who had retired prior to the passing of the Arbitral Award.