PRESTRESSED UDYOG Vs. GENERAL MANAGER

JUDGEMENT

(1.) Heard Mr. S. Khound, learned counsel for the petitioner. Also heard Mr. B. Sarmah, learned Standing Counsel, N.F. Railway.

(2.) The present petition has been filed challenging the appointment of Arbitral Tribunal consisting of Shri Bhuvanesh Prakash Khare (respondent No.2) as Presiding Arbitrator, Shri Harsh Kumar and Shri P.K. Rai as Co-Arbitrators (respondent Nos.3 and 4) on various grounds including, firstly, that there is no arbitration agreement between the parties for referring any dispute for arbitration and secondly, that they being retired employees of the Railways, could not have been appointed as Arbitrators in view of the bar imposed under Sec. 12(5) of the Arbitration and Conciliation Act, 1996.

(3.) It has been submitted by Mr. Khound, learned counsel for the petitioner that when this petition was moved on 15/2/2019, this Court passed an interim order on the same day on 15/2/2019 to the effect that until further orders, there shall be stay of arbitration proceeding before the arbitral tribunal comprising of respondent Nos.2, 3 and 4. Unfortunately, in spite of the said stay order passed by this Court, the arbitration was proceeded and the Tribunal made the award on the same day on 15/2/2019.