UNION OF INDIA Vs. DES RAJ NAGPAL

JUDGEMENT

(1.) In the instant writ petition, petitioners have questioned the order passed on 30.12.2013 in Arbitration Application No. 7 of 2013 (CMA No. D-16/2013) titled M/s. Des Raj Nagpal Engineer and Contractor v. Union of India and Ors., whereby and where under learned Single Judge of this Court while disposing of the Arbitration Application appointed Shri S.K. Gupta, Joint DG (Contracts), Panel of Arbitrators, Pune, CWE Pune Complex, Gen Cariappa Marg, Pune-1, as an arbitrator to adjudicate upon the disputes. The factual matrix of the case may briefly be adverted to.

(2.) Respondent is a private limited company, who on being declared as a successful bidder was allotted the contract bearing No. CEUZ-07/2005-06 executed between petitioner No. 1 through petitioner No. 3 with the respondent.

(3.) Respondent herein requested E-in-C's Branch for appointment of Arbitrator vide letter dated 16.01.2013 and thereafter E in C's Branch has asked particulars for appointment vide letter dated 01.02.2013 and case of appointment was submitted vide letter dated 02.04.2013 to the competent authority. Respondent herein had filed an application for appointment of arbitrator regarding contract bearing No. CEUZ-07/2005-06. Petitioners had filed objections stating therein that the matter has been referred for adjudication to Shri Satish Chander, Joint DG (Contracts) whose name figures in the panel of arbitrators short-listed by the petitioner. In that view of the matter, petitioners submitted that the application has become infructuous.