SIMPLEX INFRASTRUCTURES LIMITED Vs. THE UNION OF INDIA

JUDGEMENT

(1.) BY this petition filed under Sections 14 and 15 of the Arbitration and Conciliation Act, 1996, the petitioner has prayed for an order of termination of the mandate of the present arbitral tribunal constituted under the letter of the Deputy Chief Engineer of the respondent dated 3rd May 2007 and further seeks an appointment of arbitrator/s in place and stead of the arbitral tribunal consisting of the three members. The petitioner has also alternatively prayed for an appointment of a retired Judge of this Court as the sole arbitrator in place and stead of the three arbitrators.

(2.) IT is not in dispute that the work was awarded on 28th September 2000. The petitioner had submitted their bill for consolidated claims on 18th July 2005. The dispute arose between the parties on 6th December 2005. On 3rd May 2007, the Deputy Chief Engineer of the respondent had constituted the arbitral tribunal under the provisions of the contract entered into between the parties. On 14th May 2009, the Deputy Chief Engineer of the respondent replaced the nominee co -arbitrator of the respondent and appointed a new co -arbitrator. On 4th October 2007, the petitioner filed their Statement of Claims before the learned arbitrator. On 24th November 2008, the respondent filed their Statement of Defence and Counter -claims. The petitioner filed their rejoinder on 4th December 2009.

(3.) ON 27th February 2013, the petitioner made a preliminary presentation before the arbitral tribunal. On 5th March 2013, the petitioner was informed by the arbitral tribunal that further presentation would be made during the course of the next date of hearing. The arbitral tribunal, however, did not fix any further date of hearing.