UNION OF INDIA Vs. MAHESHWARI BUILDERS

JUDGEMENT

(1.) HEARD learned counsel for the parties.

(2.) THE facts in brief are that there is a work contract between the respondent No. 1 and petitioner for construction of MD Accommodation (Quarters) for which contract agreement C. E. /btz- 12/90-91 was executed between the parties. Some dispute arose between the parties and ultimately, the respondent No. 1 had to move an application under Section 11 of Arbitration and Conciliation Act, 1996 (for short `the Act') before this Court which was registered as Arbitration Application No. 28/2004. This Court vide order dated 27. 5. 2004 appointed Hon'ble Justice Shri D. N. Joshi (Retd.) as sole arbitrator. However, while appointing Arbitrator, it was specifically observed that the objections with regard to appointment of arbitrator or the validity of reference to the arbitrator or the maintainability of the arbitration proceedings may be raised before the arbitrator but since the conditions requisite for invoking the powers under Section 11 has been satisfied, therefore, this Court appointed arbitrator.

(3.) ACCORDING to learned counsel for the petitioner as per Section 11 (8) (a) of the Act of 1996, the arbitrator can be appointed who is qualified to be appointed and for that purpose, due regard is required to be given to the qualifications required of arbitrator and as provided in agreement of the parties.