Construction Pvt. Ltd. Vs. M/S. Army Welfare Housing Organisation  Insc
345 (25 May 2006)
AR. Lakshmanan & Lokeshwar Singh Panta
O R D
E R Heard Mr. P.N. Kumar, learned counsel for the appellant and Mr.
Kumar Tewari, learned counsel for the respondent. The appellant before us is a
contractor. The respondent is the Army Welfare Housing Organisation represented
by its Chairman/Managing Director.
the appellant and respondent entered into an agreement on 8.5.1990 by which the
contract was awarded to the appellant for executing certain construction works.
Clause 131 of the contract deals with the arbitration which reads as under:
If any dispute arises and persists between the contractor and Employer, the
same shall be referred to the Sole Arbitrator to be appointed by the Chairman,
Army Welfare Housing Organisation, whose award shall be final and binding on
both parties. The Arbitrator shall submit his award within four months of his
entering on the reference. This period may be extended by the Arbitrator with
the consent of both the parties." On 17.5.2006, after hearing both the
parties, we passed a detailed order directing the Army Welfare Housing Organisation
to submit a panel of three names to this Court with a copy to the learned
counsel for appellant in the form of an affidavit. Pursuant to the said
directions, an affidavit dated 22.5.2006 on behalf of respondent has been filed
before us. A copy of the said affidavit has also been served on the counsel for
the appellant. The affidavit reads thus:
affidavit on behalf o the Respondent of the compliance of orders/directions
dated 17.05.2006 of this Hon'ble
Col. A.K. Opal, Secretary Army Welfare Housing Organisation, a society
registered under the Society Registration Act XXI of 1860 having it's
registered office at South Hutments, Kashmir House, Rajaji Marg, New Delhi 110011 do hereby solemnly affirm on
oath and state as follows:
am the secretary of the respondent society in the aforesaid case. I am
conversant with the facts and circumstances of the case, as such competent to
affirm this affidavit.
say that after hearing the counsels of the parties in the aforesaid case this Hon'ble
Court vide it's order dated 17.05.2006 was pleased to direct the Ex-Officio
Chairman of the Army Welfare Housing Organisation/ respondent herein, to
nominate a panel of three names out of which this Hon'ble Court may appoint one
such nominee as a sole arbitrator to adjudicate the disputes between the
say that in compliance to the order(s) / direction(s) dated 17.05.2006 of this Hon'ble Court, Ex-Officio Chairman of the Army
Welfare Housing Organisation / respondent herein, has been pleased to comply
with the directions of this Hon'ble Court
and has nominated a panel of the following three engineer officers:
Brig. Anil Wasan, age 53 years, Deputy Director General (Navy & Defence
Production), Officer shall superannuate from present appointment on 31 July 2008.
Brig AK Jairath, age 52 years, Deputy Director General (Policy Planning and
Coordination ). As a sole arbitrator has adjudicated 06 cases. Tenure of the
officer in the present appointment is till November 2008.
superannuates in 2011.
Mr. Satish Chandar, age 49 years, Joint Director General (Contracts). Officer's
tenure in present appointment is till Aug 2009. Officer superannuation in
January 2017. As a sole arbitrator has adjudicated 40 cases.
that none of the aforesaid three officers are in any way involved in the
management of the respondent herein.
premise, it is most respectfully prayed that this Hon'ble Court be pleased to:
Order/direct one of the aforesaid three named officers as a sole arbitrator to
adjudicate the disputes between the parties herein and publish a speaking award;
Order/direct the sole arbitrator to adjudicate the disputes between the parties
herein from the stage from where the erstwhile sole arbitrator(s) could not
proceed with the adjudication of the disputes between the parties pursuant to
the orders dated 25.01.2002 of this Hon'ble Court;
Order/direct the parties to amend their respective claims and counter claims, if
they so desire, as already filed before the erstwhile sole arbitrator (s);
other order(s)/direction(s) in the circumstances of the case as may be deemed
fit and appropriate by this Hon'ble Court."
We gave option to the counsel for the appellant to select one name among the
three from the panel. Learned counsel for the appellant suggests the name of Mr.
Satish Chandar, who is now working as Joint Director General (Contracts) as the
sole Arbitrator. Learned counsel for the respondent has no objection in
nominating Mr. Satish Chandar as the sole Arbitrator. Accordingly, we, by
consent of both the parties, nominate Mr. Satish Chandar as the sole
Arbitrator. The parties will inform Mr. Satish Chandar that he has been
appointed as a sole Arbitrator to adjudicate upon the disputes between the
parties are at liberty to file any additional documents before the said sole
Arbitrator. The sole Arbitrator shall adjudicate the disputes between the
parties and pass a speaking award. The sole Arbitrator shall adjudicate the
disputes between the parties from the stage from where the erstwhile sole
Arbitrator could not proceed with the adjudication of disputes between the
parties pursuant to the order, passed by this Court on 25.1.2002. Parties are
at liberty to amend their respective claims and counter-claims, if they so
desire. The parties are at liberty to approach the sole Arbitrator for any
further direction. The sole Arbitrator is directed to complete the arbitration
proceedings within six months from the date of entering upon the reference.
sole Arbitrator shall enter upon the reference on or before 15.6.2006.
Additional documents, if any, shall be filed within four weeks from the date of
entering upon the reference. The Civil Appeal is disposed of accordingly. A
copy of this order shall also be forwarded to the sole Arbitrator Mr. Satish Chandar
c/o Engineering in Chief Branch, Army Welfare Housing Organisation, South
Hutments, Kashmir House, Rajaji Marg, New Delhi 110011.
interim order passed by this Court stands vacated. The sole Arbitrator shall
submit his award to this Court.