RAMA KANT SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard learned counsel for the petitioner and the counsel for the Airport Authority of India.

(2.) This arbitration case was filed on 26.5.2004 praying inter alia, to appoint Arbitrator to adjudicate the dispute between the petitioner and the Opposite parties. It appears, parties had entered into an agreement for execution of works contract in the premises of Jai Prakash Narayan International Airport, Patna, which was, dated 2.12.2002. Clause 25 of the said agreement provides for arbitration clause in the event of dispute arising between the parties. Before the execution of the works contract could be taken up and completed, dispute arose between the parties and the petitioner under letter dated 14.4.2004, Annexure-3 requested the Member, Planning of the Airport Authority of India to refer the dispute to the named Arbitrator. While request of the petitioner to refer the dispute to the named Arbitrator remained pending with the Airport Authority of India, petitioner received letter No. 1652 dated 17/18.5.2002 from the Airport Authority of India on 30.5.2004 in response whereto he again submitted the details of claim in Performa PR-13, vide their letter-dated 1.6.2004, Annexure-6. Even after submission of the details of claim under letter dated 1.6,2004, Annexure-6, the Arbitrator was not appointed then this Court issued notice under orders dated 3.11.2004 and the petitioner also served legal notice dated 8.11.2004, Annexure-A through his Advocate then the authorities of the Airport Authority of India under letter dated 29.11.2004 appointed Sri D.K. Sanyal as sole Arbitrator to adjudicate the dispute between the parties.

(3.) It is evident from the above that the Airport Authority of India did not consider the request of the petitioner for appointment of an Arbitrator as contained in letter dated 14.4.2004 and 1.6.2004, Annexures-3 and 6 and kept the matter pending until this Court issued notice under order dated 3.11.2004 whereafter only with a view to over reach the appointment of Arbitrator by this Court the Airport Authority of India proceeded to appoint the Arbitrator under letter dated 29.11.2004, Annexure-A to the supplementary affidavit which is contrary to the provisions contained in Section 11 of the Arbitration and Conciliation Act, 1996 which inter alia enjoins a party to make appointment within thirty days of the request made for appointment of the Arbitrator and in this view of the matter appointment of Arbitrator made under letter dated 29.11.2004, Annexure-A is quashed and Sri R.C. Sharma, Chief General Manager (Retired), State Bank of India is appointed Arbitrator to adjudicate the dispute between the parties. Parties are directed to appear before Sri Sharma within three weeks from today. Sri Sharma shall fix his own remuneration as per the provisions contained in Section 31 of the Arbitration Act, 1996. Let a copy of this order be forwarded to Shri R.C. Sharma, West Boring Canal Road, Anandpuri, Patna. This application is, accordingly, disposed of.