The High Court held that a writ petition seeking appointment of an arbitrator under the Railway India Rules is not maintainable, leaving the petitioner to approach the court under Section 11 of the Arbitration and Conciliation Act, 1996.
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Court No. - 3
Case :- WRIT - C No. - 13983 of 2021
Petitioner :- M/S Rms Power Solution Pvt.Ltd. Respondent :- Union Of India And 2 Others Counsel for Petitioner :- K.S. Ojha Counsel for Respondent :- Rajnish Kumar Rai
Hon'ble Surya Prakash Kesarwani,J. Hon'ble Gautam Chowdhary,J.
Shri K.S. Ojha, learned counsel for the petitioner submits that despite applications made under rule of Indian Railway Standard Clause, the respondent-Railways is not appointing the arbitrator.
Shri Rajnish Kumar Rai, learned counsel for the Railways states that a writ petition for appointment of arbitrator is not maintainable. Proper course for the petitioner is to move an application under section 11 of the Arbitration and Conciliation Act, 1996.
In view of the primary objection raised by learned counsel for the respondent-Railways, this writ petition is dismissed leaving it open for the petitioner to file an application for appointment of arbitration under the provisions of Arbitration and Conciliation Act, 1996.
Order Date :- 2.7.2021 shiv
2 issues framed by the court
Whether a writ petition for appointment of an arbitrator under the Railway India Rules is maintainable when Section 11 of the Arbitration and Conciliation Act, 1996 provides a statutory remedy.
Whether the High Court should exercise writ jurisdiction for appointing an arbitrator given the availability of alternative statutory machinery.
M/S Rms Power Solution Pvt.Ltd.
Union Of India
Surya Prakash Kesarwani
Gautam Chowdhary
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
