ECI-SANJOSE(JV) Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mr. G. N. Sahewalla, the learned senior counsel assisted by Mr. D. Senapati, the learned counsel appearing on behalf of the petitioner. Mr. B. Chakraborty, the learned CGC appears behalf on behalf of the respondents.

(2.) The question which arises in the instant proceedings is as to whether this Court should exercise the writ jurisdiction under Article 226 of the Constitution in respect to a challenge to the Constitution of the Arbitral Tribunal vide the communication dtd. 19/7/2022. Additionally, this Court is called upon to decide the legality of the order dtd. 6/1/2023 by the Arbitral Tribunal whereby the application filed by the petitioner to keep the Arbitration proceedings in abeyance was rejected. For deciding the said questions, this Court in brief, would like to take note of the facts involved which led to the filing of the instant writ petition.

(3.) The Respondent No.2 herein through the Respondent No.3 had invited a Notice Inviting Tender for "Construction of Single Line BG Tunnel No.25 (App. Total Length 867 RM) in between Noney to Tupul in connection with construction of New Railway Line Project Jiribam-Tupul (Imphal) of NF Railway (Construction)". The Petitioner herein was found to be eligible and was awarded the work by issuance of a Letter of Intent dtd. 13/10/2009. The Petitioner, thereupon, as per the contract terms, furnished the requisite performance guarantee in the form of an irrevocable bank guarantee. Pursuant thereto, the contract agreement with the Petitioner was entered into on 26/2/2010.