PAM DEVELOPMENTS PRIVATE LIMITED Vs. UNION OF INDIA

JUDGEMENT

(1.) This application has been filed for appointment of arbitrator under Sec. 11 of the Arbitration and Conciliation Act, 1996.

(2.) A preliminary objection has been raised by the respondent that the present application is not maintainable as the earlier application has already been dismissed by this Court and that order has attained finality.

(3.) Having examined the record, it is noticed that earlier, the arbitration proceedings had taken place and the award dtd. 30/12/2015 was passed by the sole arbitrator which was subject matter of challenge at the instance of the applicant in AP No. 152 of 2016. This arbitration petition was allowed by order dtd. 8/12/2016 by setting aside the award and with a direction to the Railway Authorities to appoint an arbitrator following the procedure laid down in Clause 64 of the GCC without requiring the petitioner to invoke afresh the arbitration clause.