Rajasthan High Court - Jaipur
M/S Msk Projects India(Jv) Ltd vs State Of Rajasthan And Others on 14 September, 2012
Author: Prem Shanker Asopa
Bench: Prem Shanker Asopa
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH JAIPUR ORDER S.B.ARBITRATION APPLICATION NO.5/2012 M/s.MSK Projects (India) (JV) Limited Versus State of Rajasthan and another DATE OF ORDER --- SEPTEMBER 14,2012 PRESENT HONBLE MR.JUSTICE PREM SHANKER ASOPA Mr.Sunil Nath, for the Applicant Mr.Hari Bareth, Dy. GC BY THE COURT
(1) This arbitration application has been filed for substitution of the name of Mr.N.P.Mathur (since deceased) as an Arbitrator to constitute the Arbitral Tribunal.
(2) In this particular arbitration application, the order for appointment of the Arbitral Tribunal was passed on 12.4.2002 and Mr.S.M.Mehta, the then Advocate General submitted before the Court the name of Mr.N.P.Mathur, retired Chief Engineer for arbitration. The name of Mr.A.P.Dalvi had already been suggested by the Applicant, thus, the two Arbitrators have been appointed and the third Arbitrator was to be appointed with mutual consent of both these Arbitrators. The Arbitrators so appointed in their meeting dt. 8.5.2002 appointed the third Arbitrator. The Arbitral Tribunal made the arbitral award on 1.12.2003.
(3) The Non-applicant under section 34 of the Act of 1996 challenged the Award dated 1.12.2003 passed by the District Judge, Jaipur City whereby the Award dated 1.12.2003 was partly set aside. The Applicants filed an appeal u/s 37 of the Act of 1996 before this Court and the order dated 17.1.2006 was set aside. Both the Applicant and the Non-applicants filed SLP before the Supreme Court and the Supreme Court referred the matter back to the Arbitral Tribunal for adjudication and reconsideration vide its order dated 21.7.2011 (Anx.4). One of the member of the Arbitral Tribunal Mr.N.P.Mathur expired on 14.9.2010.
(4) The aforesaid facts have not been disputed by the counsel for the Non-petitioner.
(5) Before proceeding further, the order of this Court dated 12.4.2002 is as follows:
12.4.2002 Ms.Vidhubala for Shri N.K.Maloo, for petitioner Shri S.M.Mehta, A.G. With Ms.Parinitoo Jain, for respondents It is given out that the petitioner has already appointed Shri A.P.Dalvi for arbitration in this dispute.
Shri S.M.Mehta, A.G. Submits that the respondents have also given the names of Shri N.P.Mathur, retired Chief Engineer for arbitration.
Shri A.P.Dalvi and Shri N.P.Mathur may now jointly suggest third arbitrator and thereafter this dispute in question shall be taken up for arbitration. The third arbitrator may be appointed with the mutual consent of both these arbitrator within a period of one month from today.
This application is accordingly disposed of.
(6) Considering the aforesaid submissions of the counsel for the parties, I allow fifteen days' time to the Non-applicant to appoint another Arbitrator in place of late Mr.N.P.Mathur to complete the constitution of the Arbitral Tribunal.
The application is disposed of.
(Prem Shanker Asopa) J.
??pa?
All corrections made in the judgment/order have been incorporated in the judgment/order being e-mailed.
Gopal Lal Sharma Private Secretary