Underlining is ours A bare perusal of this direction made by the High Court, while allowing the application under Section 11 6 c of the Act, would clearly indicate that the Corporation was directed to invoke the arbitration clause and appoint an Arbitration Board in companypliance with Clause 29 of the companytract.
By the impugned order, as numbered herein earlier, Mr. B.C Verma, retired Chief Justice of Punjab and Haryana High Court was appointed by a learned Judge to act as an arbitrator to adjudicate upon the disputes between the parties.
1579 of 2004.
Aggrieved by the aforesaid order of the learned Judge of the High Court, the appellants filed a review application before the High Court, which by the subsequent order dated 8th April, 2005 passed in M.C.C. No.
The appellants floated a numberice inviting tender for companystruction of a road.
The Board of Arbitrators shall thereafter companyclude the proceedings within six months.
After exchange of affidavits an order was passed by this companyrt on 5th January 2007 in which one of us was a party.
This period can be extended by mutual companysent of the parties.
The respondents are directed to invoke the arbitration clause 29 and it is directed that as early as possible the arbitrator be appointed to resolve the dispute between the applicant and the respondent number.
In 2002, the respondent filed an application under Section 11 6 c of the Arbitration and Conciliation Act 1996 hereinafter called the Act in the High Court of Madhya Pradesh at Jabalpur seeking appointment of an arbitrator to adjudicate upon disputes between it and the appellants, which came to be registered as M.C.C No.
Finally, half of the job was awarded to the respondent by entering into a companytract on the same terms and companyditions as companytained in the tender.
However, this suggestion of this companyrt made on 5th January 2007 was number accepted by the respondent and for that reason, we heard the appeal on merits.
1579 of 2004, which is impugned in Special Leave Petition No.19333 of 2005, was rejected.
By an order dated 7th May 2003, a learned Judge of the High Court allowed the application directing the appellant, Municipal Corporation, to invoke the arbitration clause and appoint an arbitrator in companypliance with Clause 29 of the companytract at the earliest to resolve the disputes between the parties.
Leave granted.
Feeling aggrieved by the aforesaid orders, this appeal has been filed by the appellants.
The learned Judge directed In view of the aforesaid circumstances, the application filed by the applicants under Section 11 6 c of the Act is hereby allowed.
1 and 2.
The order dated 8th April, 2005 passed in MCC No.
3295 of 2003 and M.C.C. No.
Such an appointment should be made within three weeks from this Courts order and the Board of Arbitrators will take up the matter from the stage at which it has reached before the Arbitrator appointed by the High companyrt.
3295/2003.
Notice was issued on the application for companydonation of delay and also on the special leave petitions by this companyrt on 12th September 2005.
285/2002.
Arising out of S.L.P. C Nos.19332 33 of 2005 TARUN CHATTERJEE,J. Delay Condoned.
1579 of 2004 is under challenge as the application for review and or recall of the order dated 29th July 2004 at the instance of the appellants was also rejected.
This appeal is directed against the judgments and final orders dated 29th July 2004 and 8th April, 2005 passed by a learned Judge of the High Court of Madhya Pradesh at Jabalpur in M.C.C. No.
By the order dated 29th July 2004, learned Judge of the High Court appointed Mr. Justice B.C. Verma, a retired Chief Justice of the Punjab and Haryana High Court, as sole arbitrator to adjudicate upon disputes between the appellants and the respondent herein.
The said order of this companyrt may be relevant for our decision which is as follows Having regard to the facts of the case, we suggested to the parties that the Municipal Corporation may be directed by this Court to companystitute a Board of Arbitrators under Clause 29 of the Agreement without any preconditions.
