SWARAN CONSTRUCTION Vs. UNION OF INDIA

JUDGEMENT

(1.) HEARD learned counsel for the parties on the application u/s 11 of the Arbitration and Conciliation Act, 1996 (for short 'the Act of 1996') for appointment of the Arbitral Tribunal as per the Arbitration Clauses 63 and 64 of the General Conditions of Contract in respect of Tender No. SG/C/215/1/AF-BKI dated 22.2.2003 which was awarded to the Applicant vide Acceptance Letter NO.SG/241/1/C/S&T/08 dated 28.5.2003.

(2.) THERE is no dispute between both the parties that this Court has the territorial jurisdiction and further that the Applicant and the Non Applicants were parties to the aforesaid contract.

(3.) IN cases not covered by clause 64(3)(a)(i), the Arbitral Tribunal shall consist of three gazetted Railway Officers not below J.A. Grade as the Arbitrator. For appointment, the Railway will send a panel of more than three names of Gazetted Railway Officers of one or more departments of the Railway to the contractor who will be asked to inform General Manager up to 2 names out of the panel for appointment as contract nominee. The General Manager shall appoint at least one out of them as the contract nominee panel or from outside the panel duly indicating the Presiding Arbitrator to ensure that one of them is from the accounts Department and one officer of selection grade of the accounts Department shall be considered of equal status."