Perkins Eastman Architects DPC & Anr. v. HSCC (India) Ltd .
7
(e) In any case, an independent and impartial arbitrator is required to
be appointed ... resolution of disputes in that case was under:
Arbitration Application No.32 of 2019
Perkins Eastman Architects DPC & Anr. v. HSCC (India
conclusion at which we have arrived. Let us take the case
of an architect constructing his house. In case ... architect engages another architect to prepare the plan for
his house and to supervise its construction and pays
remuneration to that other architect for this
following cases :
If Contractor :-
(a) xxx xxx
(b) xxx xxx
(c) xxx xxx
(d) xxx xxx
(e) In the opinion of the Organisation/Architect ... into the
question whether clause 130 requires certificate
by the Architect in case completion of the work
is done at the risk and expense
thereto.
Counsel thus submitted that in the facts of the present case, the Architect
has certified the final bill on 23.6.2000, and thereafter the reminders ... each case and in the
present case whether it accrued from 23.6.2000 when the final bill was
submitted by the Architect to the defendant
promoted as Architects, as under the 2004 Rules only Deputy Architects
were eligible to be promoted as Architects. He submits that the respondents
had, however ... quota were available,
his case was wrongly clubbed with the cases of some other Assistant
Architects in the year 2005, who were not fulfilling
this case also, is not applicable to the present case. In another judgment of the Honble Apex Court in the case of Saroj Kumar Mazumdar ... case of Indian Hume Pipe Co. Ltd. (supra) and order of the Mumbai Bench of the Tribunal in the case of Chawla Architects & Consultants
architects, are seeking a declaration that the architects registered under the Architects Act, 1972 are not required to obtain licences as architects under the Mumbai ... that the Engineers and Architects are not similarly situated and in addition the classifications made between Architects and non Architects such classification being entirely permissible
registered architect from using the title and style of 'architect' as
also Section 36 , which provides for a penalty in case ... spaces relating to plants trees and landscape;
(ii) "naval architect" means an architect who deals with design
and construction of ships
determined in each case having regard to the facts of that case.
16. In the instant case, the petitioner submitted the final bills on 25th ... order dated 14th January, 2003, in my view, the present case is a fit case where an independent arbitrator deserves to be appointed.
The respondent
where
neutrality is not assured or visible. The instant
case is the case where giving a go-by to the
agreed arbitration clause is fully ... Perkins Eastman Architects DPC (supra) and hence the ratio
of the judgment of the Perkins Eastman Architects DPC
(supra) case would prevail and accordingly
