RELIANCE INFRASTRUCTURE LIMITED Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioner has approached this Court under Articles 226 and 227 of the Constitution of India for issuing a writ in the nature of certiorari, quashing the order and judgment dtd. 24/9/2018 (Annexure P-24), passed by the Special Commercial District Court, Gurugram, in Arbitration Petition No.174/2017.

(2.) Before Mr. Akshay Bhan, could address the arguments on merits of the matter, Mr. Markanda, learned Senior Counsel assisted by Mr. R.S. Madan, learned counsel appearing on behalf of respondent No.2, raised the objection qua maintainability of the petition under Article 226 with a nomenclature of Article 227 of the Constitution of India, against the order of the Commercial Court.

(3.) Mr. Akshay Bhan, learned Senior Counsel assisted by Mr. J.S. Bhatia, learned counsel appearing on behalf of the petitioner submitted that the entire process has been initiated by the Department i.e. Haryana Power Generation Corporation Ltd. The clause of arbitration empowered either the Managing Director or the nominee, as an Arbitrator. The Managing Director, vide letter dtd. 6/7/2016 (Annexure P-6) recommended the name of the Ex. Chief Secretary, to the Government, as an Arbitrator, which is not permissible in terms of the provisions of 7th Schedule and sub-Sec. 5, inserted, vide amendment dtd. 23/10/2015, of Sec. 12 of the Arbitration and Conciliation Act, 1996 (in short 'the 1996 Act'), in other words, it was submitted that it was the domain of the Government to appoint the nominee.