GSR VENTURES PRIVATE LTD. Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Ms. S. Bhattacharjee, learned counsel appearing for the petitioner in Arb.P. Nos.20/2021 and 22/2021 as well as Mr. U.K. Nair, learned Senior Counsel assisted by Mr. D. Deka, learned counsel for the petitioner in Arb.P. No. 28/2021. Also heard Mr. S. Chakraborty, learned Standing Counsel, N.F. Railway appearing for the respondents in Arb.P. Nos. 20/2021 and 22/2021 and Mr. G. Goswami, learned Standing Counsel, N.F. Railway appearing for the respondents in Arb.P. No.28/2021.

(2.) These three Arbitration Petitions, namely, Arb.P.Nos.20/2021, 22/2021 and 28/2021 are taken up together since similar legal issues have been raised in these petitions. Accordingly, these three petitions are heard together and disposed of by this common judgment and order. The petitioners in Arb.P. Nos.20/2021 and 22/2021 are same i.e. M/S GSR Ventures Private Limited though in Arb.P.28/2021 the petitioner is different i.e. Gammon Engineers and Contractors Pvt. Ltd.

(3.) Arb.P.Nos.20/2021 and 22/2021 have been filed under Sec. 11 of the Arbitration and Conciliation Act, 1996 for appointment of a Sole Arbitrator to adjudicate the disputes between the parties arising out of two sets of Agreements involving the N.F. Railways primarily relating to earthwork filling to form embankment/sub-bank and construction of minor bridges, retaining wall, pucca approach road, alignment and other ancillary works in connection with construction of new BG Railway line from Bairabi to Sairang (Mizoram) under Contract Agreement bearing No. CON/B-S/1917 dtd. 2/3/2015 and Contract Agreement No. CON/B-S/2079 dtd. 24/11/2015.