LAWS(MPH)-2021-1-47

PANDIT DWARKA PRASAD MISHRA, INDIAN INSTITUTE OF INFORMATION TECHNOLOGY, DESIGN AND MANUFACTURING Vs. DIRECTOR GENERAL (WORKS), CPWD AND ORS.

Decided On January 27, 2021
Pandit Dwarka Prasad Mishra, Indian Institute Of Information Technology, Design And Manufacturing Appellant
V/S
Director General (Works), Cpwd And Ors. Respondents

JUDGEMENT

(1.) This order shall also govern the disposal of this batch of petitions filed under Article 226 of the Constitution of India given the similarity of the issue involved. For the sake of convenience, the facts as narrated in Writ Petition No.12141/2019 are being taken into consideration.

(2.) The sole question that arises for the consideration of this court is that whether a writ petition is maintainable to challange the appointment of an arbitrator by the petitioner who is not a party to the arbitration agreement.

(3.) The Writ Petition has been filed against order dtd. 22/5/2018 (Annexure P/3) passed by the Chief Engineer (CZ), Central Public Works Department, Nirman Sadan, Bhopal MP (respondent No.3) whereby to adjudicate a dispute between respondents No.3 and 4 (on one side) and respondent No.5 (on the other), respondent No.6 has been appointed as an Arbitrator.