GAMMON INDIA LIMITED Vs. BIHAR STATE ELECTRICITY BOARD

JUDGEMENT

(1.) Both the aforesaid cases have been heard together and are being decided by this common order as parties are same in both of them and they arise out of the same dispute. I.A. No. 5742 of 2012 has been filed on behalf of the petitioner in Request Case No. 11 of 2010 for amending the prayer portion of request case due to fresh development with regard to the respondents' decision regarding encashment of bank guarantee by the Board. Hence, it has become necessary for keeping the encashment of bank guarantee in abeyance. Considering the facts and circumstances of the case this interlocutory application is allowed and the prayer portion of the request case is amended accordingly.

(2.) Request Case No. 11 of 2010 has been filed by the petitioner M/s Gammon India Ltd. (hereinafter referred to as "the petitioner" for the sake of brevity) against the Bihar State Electricity Board (hereinafter referred to as the "Board" for the sake of brevity) for appointment of a sole independent arbitrator according to the scheme of Appointment of Arbitrator under Arbitration & Conciliation Act, 1996.

(3.) Learned counsel for the petitioner submitted that petitioner is a company incorporated under the Companies Act, 1956 having its registered office at Mumbai, whereas the sole respondent, namely the Board is a creation of statute and as such it is a State within the meaning of Article 12 of the Constitution of India.