DHARAMDAS TIRATHDAS CONSTRUCTIONS PVT. Vs. UNION OF INDIA

JUDGEMENT

(1.) This appeal has been preferred under Sec. 37 of the Arbitration Conciliation Act, 1996 (hereinafter referred as the Act of 1996) by the claimant-appellant against the order dtd. 15/3/2022, passed by the Additional District Judge, Commercial Court, Indore in MJC AV No.1300059/2016 whereby the application filed by the appellant under Sec. 34 of the Act of 1996 has been rejected holding that no case for interference is made out.

(2.) In brief, the facts of the case are that the respondent No.1 had invited a tender in respect of construction of Neemuch Administrative Block and Dormitory and wherein the appellant's tender was accepted and an agreement was also executed between the parties in this regard on 10/8/2001. It is an admitted fact that the aforesaid agreement also contained an arbitration clause for settlement of the dispute between the parties and as a dispute arose regarding the claim of the appellant to the tune of Rs.63,74,637.00 to which the respondent No.1 did not claim and The Arbitrator who has partly awarded the claim to the tune of Rs.5,85,551.00 along with interest.

(3.) Shri Vijay Assudani, learned counsel appearing for the appellant, at the outset, has submitted that the appellant is assailing the order dtd. 15/3/2022 only on the ground available under Sec. 12(5) of the Act of 1996, as there was a unilateral appointment of the Arbitrator, since the Arbitrator was appointed by the respondent's Chief Engineer, Central Public Works Department in-Charge of the work and, thus, the same is barred by the decision rendered by the Supreme Court in the case of Perkins Eastman Architects DPC and Others vs. HSCC (India) Limited: reported as (2019) SCC OnLine SC 1517.