MBVSR KVR(JV) Vs. RAIL VIKAS NIGAM LIMITED

JUDGEMENT

(1.) This is an Application for a measure under Sec. 11 (5) and (6) of the Arbitration and Conciliation Act, 1996; for short, 'the A&C Act'.

(2.) The applicant and the respondent-Rail Vikas Nigam Limited entered into a contract as evidenced by the material papers on record. The plea of the applicant is that the respondent has adhered to the insistence to have an Arbitrator of his choice from the panel provided by it and the application has been filed in view of refusal to proceed further in the matter.

(3.) It is the definite plea of the applicant that the appointment of Arbitrator was not made by the respondent within the requisite time frame and that the respondent is not justified in pleading that it issued a letter, which had lost in transit.