The Petitioner No.1 therein, i.e. Hindustan Construction Company Limited, is an infrastructure companystruction companypany involved in the business of companystruction of public utilities and projects like roads, bridges, hydropower and nuclear plants, tunnels and rail facilities.
The said Committee, submitted its Report to Parliament on 4 8 2005, wherein the Committee recommended that since many provisions of the said Bill were companytentious, the Bill may be withdrawn and a fresh legislation may be brought after companysidering its recommendations.
The said Bill was referred to the Department related Parliamentary Standing Committee on Personnel, Public Grievances, Law and Justice for examination and report.
Accordingly, the said Bill was withdrawn from the Rajya Sabha.
emphasis supplied However, in its Counter Affidavit dated 21.10.2019, the Union of India companytended that this prayer was factually incorrect and deliberately misleading.
The proposed amendments to the Act would facilitate and encourage Alternative Dispute Mechanism, especially arbitration, for settlement of disputes in a more user friendly, companyt effective and expeditious disposal of cases since India is companymitted to improve its legal framework to obviate in disposal of cases.
The Petitioner companypany, inter alia, undertakes these building projects as a companytractor for government bodies such as the National Highways Authority of India NHAI, i.e. Respondent No.5 in the Writ Petition , NHPC Ltd. NHPC, i.e. Respondent No.6 , NTPC Ltd. NTPC, i.e. Respondent No.8 , IRCON International Ltd. IRCON, i.e. Respondent No.7 and the Public Works Department PWD .
On the basis of the said Report, the Arbitration and Conciliation Amendment Bill, 2003 was introduced in the Rajya Sabha on 22 12 2003.
The facts relevant for the determination of these matters may be gleaned from Writ Petition Civil No.1074 of 2019.
F. NARIMAN, J. This set of Writ Petitions seek to challenge the companystitutional Signature Not Verified Digitally signed by R validity of Section 87 of the Arbitration and Conciliation Act, 1996 NATARAJAN Date 2019.11.27 165745 IST Reason hereinafter referred to as the Arbitration Act, 1996 as inserted by Section 13 of the Arbitration and Conciliation Amendment Act, 2019 hereinafter referred to as the 2019 Amendment Act and brought into force with effect from 30.08.2019.
