LAWS(GAU)-2020-3-10

RAITANI ENGINEERING WORKS GAHC010131932018 Vs. UNION OF INDIA

Decided On March 02, 2020
Raitani Engineering Works Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) M/S Raitani Engineering Works Pvt. Ltd. has preferred this arbitration petition under Section 11(6) of the Arbitration and Conciliation Act , 1996 with the plea that arbitration agreement dated 02.09.2006 was executed between the parties. Clause 10 of the agreement provides for settlement of disputes under Indian Railway's Arbitration Rules.

(2.) It has been brought out that an application for appointment of Arbitrator was made by the petitioner dated 11.06.2009, Annexure-2. After completing the process, arbitration was undertaken by the arbitrators thus appointed, as is evident from Annexure-3, dated 26.11.2009.

(3.) The petitioner claimed the award to be illegal, and therefore, the same was challenged in the Court of District Judge, Kamrup (Metro), Guwahati. The arbitral award was set aside vide judgment dated 28.02.2018. The judgment has been placed on record as Annexure-7.