LAWS(ORI)-2024-5-77

WOODHILL HILLWAYS Vs. RAIL VIKAS NIGAM LIMITED

Decided On May 06, 2024
Woodhill Hillways Appellant
V/S
Rail Vikas Nigam Limited Respondents

JUDGEMENT

(1.) The matter is taken up through hybrid mode.

(2.) This Writ Petition has been preferred challenging the order dtd. 27/2/2024 passed by the Senior Civil Judge (Commercial Court), Bhubaneswar in Arbitration Petition No.16 of 2024, on the ground that the Court below has failed to grant any interim relief even though the constitution of the Arbitral Tribunal is not in consonance with the provisions of the Arbitration and Conciliation Act, 1996 (here in after, 'the Act, 1996') and the learned Arbitrators have violated the provisions of Sec. -12(1) of and the Sixth Schedule of the Act, 1996 .

(3.) The brief background fact, which led to filing of this Writ Petition, is that the Petitioner, who is the Claimant in the Arbitration Proceeding, is a Joint Venture concern consisting of two Joint Ventures namely, M/s. Woodhill Infrastructure Ltd. and M/s. Hillways Construction Ltd., represented through its Power of Attorney Holder.