VIJAY HIRALAL JAISWAL Vs. JAWAHARLAL NEHRU PORT TRUST

JUDGEMENT

(1.) THE present petition is filed under section 14 (2) and section 15 (2) of the arbitration and conciliation act, 1996 inter alia contending that the mandate of the term as arbitrator be terminated because of undue delay in proceeding with the appeal proceedings pending before him.

(2.) A contract executed by and between the petitioner and respondent for the construction of accommodation for senior officers in j. n. p. Township. On 5-7-1995 the work order was issued providing the date of completion as 30-9-1997. However, there were differences and disputes between the parties in the execution of the work. On 1-11-1999 petitioners forwarded their claims to the respondent. On 16-4-1998 according to petitioner work was completed. It is the case of the petitioner that however, payment was withheld because of central vigilance committee enquiry and therefore, the money which was due and payable by the respondent to the petitioner were not released. 3

(3.) ON 11-1-2000 petitioner applied to the respondent for appointment of an independent arbitrator to adjudicate upon the disputes. However, there was no response from the respondent herein. On 20-6-2000 the petitioner made request to the second respondent to resolve the dispute and appoint an independent arbitrator. However, on 31-9-2000 petitioners were directed to file their claim before the chief manager, respondent no. 3 herein in accordance with and in terms of arbitration clause 65 contained in the general terms and conditions of the contract. The said clause 65 which is relevant for the purpose of present petition reads as under: