PREMIER ELECTRICAL CORPORATION v. NATIONAL BUILDINGS CONSTRUCTION CORPORATION LIMITED
2000-12-06
J.D.KAPOOR
body2000
DigiLaw.ai
( 1 ) THIS is an application seeking appointment of an arbitrator by invoking clause 32 of the Schedule of the tender documents as the notice dated 20/08/1990 given by the petitioner to the respondent for appointment of the arbitrator was responded with the reply dated 15. 9. 1999. It is averred that the petitioner has been in the habit of forging documents and has in the instant case also committed forgery and has no intention to appoint an arbitrator as his claim has been settled. ( 2 ) THE solitary objection raised by the respondent is as to the maintainability of the application as the arbitrator had already been appointed by the respondent on 14. 10. 1999. Allegations of the petitioner that the respondent had shirked from his responsibility to appoint an arbitrator and to escape wrath of the court the arbitrator has been appointed are baseless. ( 3 ) IT is contended that if the applicant has any apprehension about the bonafide of the arbitrator, Section 13 of the Arbitration and Conciliation Act 1996 equips him with a remedy to challenge the appointment of an arbitrator within 15 days after becoming aware of the constitution of Arbitration Tribunal or after becoming aware of any circumstance as referred in sub-Section (3) of Section 12 which provides as under:- " (3) An arbitrator may be challenged only if (a) circumstances exist that give rise to justifiable doubts as to his independence or impartiality, or (b) he does not possess the qualifications agreed to by the parties. " ( 4 ) IN view of the peculiar facts and circumstances of the case, particularly the non- acceptance of request of the petitioner by the respondent at first instance and later on succumbing to the appointment of arbitrator 15 days time shall run from, today for challenging the appointment of the arbitrator under the provision of Section 13 of the Act. The Counsel for the respondent has fairly conceded that the period of 15 days may be allowed to run from today. The application is dismissed with the above referred liberty to the petitioner to challenge the appointment of the arbitrator. As a result all the interim orders passed till date stand vacated andindian Administrative Service disposed of.