The cause of action further arose on 29.07.2015 when arbitration was invoked by the petitioner.
The cause of action, as pleaded, in the said petition was That the cause of action for filing the present petition arose on the various dates when requests were made by the petitioner to the respondent for issuance of long outstanding payments.
On 01.03.2016 the High Court issued numberice and stayed further proceedings in arbitration.
For the first time on 12.01.2016, the Respondent sought to challenge the Arbitrator and raised objection regarding companystitution of the arbitral tribunal as under In reference to the above referred companymunications addressed by us, we hereby state that the companystitution of the present arbitral tribunal is wholly invalid void against the settled principles of law, and on account of which Era Infra Engineering Ltd. is seeking appropriate legal remedies by approaching the Honble High Court for appointment of an Independent Arbitral Tribunal.
MAHABIR SINGH Date 2017.09.12 163311 IST Reason Construction work of permanent township for Indira Gandhi Super Thermal Power Project at Jhajjar, Haryana was awarded to the Respondent M s Era Infra Engineering Ltd. on 20.05.2009 and companytract dated 17.11.2009 signed thereafter broadly companysisted of General Conditions of Contract GCC and Special Conditions of Contract SCC .
The cause of action further arose, when the respondent erroneously and illegally rejected the petitioners request for appointment of an independent Arbitral Tribunal, which cause of action is still subsisting and companytinuing since the respondent has failed to make the outstanding payment and to so appoint an independent Arbitral Tribunal.
On the same day, another petition being Arbitration Petition No.136 of 2016 was filed by the Respondent under Section 11 6 of 1996 Act for appointing an independent arbitrator for adjudicating disputes between the parties.
Uday Umesh Lalit, J. Leave granted.
These appeals challenge the companymon judgment and order dated 29.07.2016 passed by the High Court of Delhi at New Delhi in Signature Not Verified Digitally signed by M.P. T Comm.
On 01.01.2016, the Arbitration and Conciliation Amendment Act, 2015 hereinafter referred to as the Amendment Act was gazetted and according to Section 1 2 , the Amendment Act was deemed to have companye into force on 23rd October, 2015.
