HIND ELECTRIC CO (ELECTRICAL ENGINEERS & MACHINERY MERCHANTS) THROUGH ITS PROPRIETOR Vs. BHARAT SANCHAR NIGAM LIMITED

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) Applicant is a party to 5 agreements with the Respondent, which are dated 08.06.2009, 22.09.2009, 12.08.2010, 19.08.2010 and 13.04.2012 in respect of which a dispute has arisen between them which are amenable to arbitration under Clause 25 of the agreements in question. Clause 25 is common in all agreements and is usefully quoted herein under:-

(3.) It is also not in dispute that in terms of Clause 25, after efforts of conciliation failed, the Respondents proposed to appoint one Sri Saurabh Tyagi, Chief Engineer(E) BSNL Electrical Zone, Meerut, U.P. Vide letter dated 26.10.2016 (Annexure-7). This was preceded by a request for appointment of a neutral Arbitrator by the Applicant through legal notice dated 20.10.2016 (Annexure-6). The proposed Arbitrator furnished declaration in terms of Sixth Schedule of the Arbitration and Conciliation Act, 1996 as amended by the Act no. 3 of 2016 in respect of each of the 5 agreements vide letters dated 26.11.2016 (Annexure-9). The proposed Arbitrator fairly disclosed his relationship with the Respondent BSNL as a regular Senior Administrative Grade Employee looking after the Electrical/ Electromechanical work and H.R. Management also of U.P. (W) Circle. The proposed Arbitrator requested both the parties to give unconditional no objection certificate about his ability and his capacity to devote sufficient time to the arbitration proceedings and deliver the award within 12 months. In the meantime the applicant vide his letter dated 11.11.2016 (Annexure-8) gave his consent for appointment of Sri Saurabh Tyagi as sole Arbitrator to decide the dispute in relation to the aforesaid agreements on the following conditions:-