SURINDER KUMAR MAHAJAN Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Smt. Deepali Arora, learned counsel for the petitioner and Sh. P. S. Chandel, learned Central Government Standing Counsel for the respondents.

(2.) The petitioner is a contractor. He has preferred this petition under Ss. 13, 14 and 15 of the Jammu and Kashmir Arbitration and Conciliation Act, 1997, now governed by the Arbitration and Conciliation Act 1996 (for short 'the Act') for terminating the mandate of the Arbitral Tribunal and for appointment of a sole arbitrator in exercise of power under Sec. 11 of the Act to resolve the disputes between the petitioner and the respondents in connection with Contract Agreement No. 74-W/16/9/E-6/WA dtd. 29/6/1998.

(3.) The petitioner alleges that the dispute between the parties is in relation to undertaking the earth work in excavation/filing, the construction of minor bridges and protection work in Zone-6 from 9/100 km to 12/500 km on Udhampur Katra Sec. arising from a contract dtd. 29/6/1998. In terms of the Arbitration Clause contained in the Contract, the dispute was referred to a panel of three arbitrators where one arbitrator was of the choice of the contractors from the panel of arbitrators suggested by the Railways; one of the choice of the Railways, and the third as the Presiding Arbitrator appointed by the Railways but this exercise was done after 12 years of the dispute, i.e., in the year 2013. The following were appointed as the arbitrators: