Single judge order allowing an S.B. arbitration application filed under Section 11(6) of the Arbitration and Conciliation Act, 1996 for the appointment of a sole arbitrator arising from a construction contract dispute.
Appointment of Hon′ble Mr. Justice N.N. Mathur as the sole arbitrator to adjudicate the dispute.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Arbitration Application No. 27/2022
M/s Capital Construction Co., Having Its Registered Office Address-141. Govindam Central School Scheme Air Force, Jodhpur Rajasthan, Also At-A-3/257, Janak Puri, New Delhi110058, Through Its Sole Proprietor Shri Ajay Gupta.
----Petitioner
Versus
----Respondents
For Petitioner(s) : Mr. Pushkar Taimini For Respondent(s) : Mr. V.R. Choudhary for Mr. Pintu Pareek
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
14/07/2023
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"It is, therefore, most respectfully prayed that the application of the applicant may kindly be allowed and the Sole Arbitrator may kindly be appointed, who shall preside over the Tribunal and the matter be referred for adjudication of the disputes to the same."
“37. Arbitration.- All disputes, between the parties to the Contract (other than those for which the decision of the C.W.E. or any other person is by the Contract expressed to be final and binding) shall, after written notice by either party to the Contract to the other of them, be referred to the sole arbitration of an Engineer officer to be appointed by the authority mentioned in the tender documents. Unless both parties agree in writing such reference shall not take place until after the completion or alleged completion of the Work or termination or determination of the Contract under Condition Nos. 29, 30 and 30 A hereof. Provided that in the event of abandonment of the Works or cancellation of the Contract under Condition Nos. 26, 27 or 28 thereof, such reference shall not take place until alternative arrangements have been finalized by the Government to get the Works completed by or through any other Contractor or Contractors or Agency or Agencies. Provided always that commencement or continuance of any arbitration proceeding hereunder or otherwise shall not in any manner militate against the Government’s right of recovery from the contractor as provided in Condition 34 thereof. If the Arbitrator so appointed resigns his appointment or vacates his office or is unable or unwilling to act due to any reason whatsoever, the authority appointing him may appoint a new Arbitrator to act in his place. The Arbitrator shall be deemed to have entered on the reference on the date he issued notice to both the parties, asking them to submit to him their statement of the case and pleadings in defence. The Arbitrator may proceed with the arbitration, exparte, if either party, inspite of a notice from the Arbitrator fails to take part in the proceedings. The Arbitrator may, from time to time
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with the consent of the parties, enlarge, the time upto but not exceeding one year from the date of his entering on the reference, for making and publishing the award. The Arbitrator shall give his award within a period of six months from the date of his entering on the reference or within the extended time as the case may be on all matters referred to him and shall indicate his findings, along with sums awarded, separately on each individual item of dispute. The Arbitrator shall give reason for award in each and every case irrespective of the value of claims of counter claims.
The venue of Arbitration shall be such place or places as may be fixed by the Arbitrator in his sole discretion. The award of the Arbitrator shall be final and binding on both the parties to the contract."
(DR.PUSHPENDRA SINGH BHATI),J
256-nirmala/-
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3 issues framed by the court
Whether the applicant is entitled to the appointment of a sole arbitrator under the arbitration clause in the contract.
Who shall be appointed as the sole arbitrator to adjudicate the dispute between the parties.
Whether the powers under Section 11 of the Arbitration and Conciliation Act, 1996 shall be exercised to appoint an arbitrator.
2 provisions across 1 enactments
M/s Capital Construction Co.
Union Of India
Dr. Pushpendra Singh Bhati
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
