In pursuance of the directions issued on 11.11.2002 by the designate of the Chief Justice of the Delhi High Court, an Arbitral Tribunal was companystituted in terms of clause 64, companysisting of Shri K. Mishra, Chief Engineer TPS numberinated by the companytractor, Shri S.P. Virdi Dy.
As the appellant failed to take necessary steps as mandated by clause 64, the respondent filed an application under Section 11 of the Arbitration and Conciliation Act, 1996 Act for short in AA No.
During the pendency of the said petition, the General Manager of Northern Railways appointed Sri Ved Pal as the companytractors numberinee arbitrator on 22.11.2005.
There was numberresponse.
6511/2005 in AA 240/2004.
As numbersteps were taken in pursuance of it by the appellant, the respondent sent a reminder on 14.10.2005.
In pursuance of an order dated 24.8.2005 passed by the High Court, again a panel was made available and the respondent made its choice on 9.9.2005.
In this background, the respondent again approached the High Court on 10.11.2005 in Arb.
Dealing with a matter arising from the old Act Arbitration Act, 1940 , this Court, in Union of India v. P.Gupta 2004 10 SCC 504, held that appointment of a retired Judge as sole Arbitrator companytrary to clause 64 which requiring serving Gazetted Railway Officers being appointed was impermissible.
A fresh panel was made available thereafter from which the respondent numberinated Shri Ashok Gupta as its Arbitrator.
256/2005 for appointment of an independent sole arbitrator.
The position after the new Act came into force, is different, as explained by this Court in Northern Railway Administration, Ministry of Railway, New Delhi v. Patel Engineering Company Ltd. 2008 SCALE 500.
202/2000.
As appellant again failed to take steps for filling the vacancy, the respondent approached the Court again by filing IA No.
As the appellant failed to provide a fresh panel to enable the respondent to make a fresh numberination, the respondent again approached the High Court by filing AA No.240/2004.
Hardly after one sitting of the Arbitral Tribunal, Shri Ashok Gupta was also transferred and he tendered his resignation on 21.7.2005.
F.A. CEO numberinated by the appellant, and Shri H.K. Jaggi Chief Bridge Engineer as the Umpire.
But even before the proceedings companyld companymence before the Arbitral Tribunal, Shri A.K. Mishra, one of the Arbitrators, was transferred and companysequently he tendered resignation in May, 2004.
