MADHAV STRUCTURAL ENGINEERS LIMITED Vs. D K SANKARAN

JUDGEMENT

(1.) By this petition filed under section 14 of the Arbitration & Conciliation Act, 1996 (for short "Arbitration Act"), the petitioner has prayed for an order of termination of mandate of the learned arbitrator, the respondent no.2 herein on the grounds mentioned in the arbitration petition and seeks an appointment of any other suitable person as a sole arbitrator to decide the dispute between the petitioner and the respondent no.1. The learned arbitrator is absent, though served. Some of the relevant facts for the purpose of deciding this petition are as under :

(2.) The respondent no.1 had awarded a contract to the petitioner for implementation of Nagpur Butibori Wardha Talegaon Karanja Malegaon Mehkar Shindkhed Raja Jalna Aurangabad Vaijapur Sanwatsar Puntamba Phata Zagde Phata Sinnar Ghoti N H Standard Road ; Section Loni Nagzari Kherda Karanja including Karanja Bye-pass road, Package 6 on the the terms and conditions contained in the said contract dated 2nd March, 2001. On 18th October, 2002, the respondent no.1 terminated the said contract.

(3.) In the year 2007, the petitioner filed Arbitration Petition (100 of 2007) in this Court inter-alia praying for the appointment of a sole arbitrator under clause 67.3 of the contract agreement. On 8th July, 2010, the learned designate of the Chief Justice allowed the said application and directed the respondent no.1 to appoint an arbitrator in accordance with clause 67.3 within 28 days from the date of receipt of the certified copy of the said order. Being aggrieved by the said order dated 8th July, 2010, the respondent no.1 filed Special Leave Petition (C) No.31993 of 2010 in the Supreme Court. On 24th April, 2012, the Supreme Court dismissed the said special leave petition filed by the respondent no.1 and directed the respondent no.1 to appoint an arbitrator within the period prescribed in the said order. The respondent no.1 the thereafter appointed the respondent no.2 as a sole arbitrator on 16th May, 2012.