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1 - 3 of 3 (3.87 seconds)Central Organisation For Railway ... vs M/S Eci Spic Smo Mcml (Jv) A Joint Venture ... on 17 December, 2019
3. After hearing the matter for some time, both
the learned counsels would point out that all
contentions raised by the petitioner herein have been
adverted to in the judgment of the Apex Court in the
case of Central Organisation for Railway
Electrification v. ECI-SPIC-SMO-MCML (JV) A Joint
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Venture Company reported in (2019) SCC Online SC
1635. In light of the law laid down by the Hon'ble
Supreme Court in particular with respect to adherence
to the procedure in terms of Section 64(3)(b) of the
General Conditions of Contract and taking note of the
directions of Apex Court, the third respondent General
Manager, South Western Railway is required to send a
panel of at least names of retired Railway Officers who
are empanelled to work as Railway Arbitrators to the
contractor within a period of 30 days from the date of
receipt of certified copy of this order. Thereafter the
petitioner contractor is required to exercise his choice of
suggesting two names as his nominees. Within a period
of 30 days, the General Manager will appoint at least
one as contractors nominee and the General Manager
will exercise his choice by nominating the balance
number of Arbitrators indicating the name of Presiding
Arbitrator from amongst the three Arbitrators so
appointed. The General Manager is to complete the
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exercise of constituting Arbitral Tribunal within 30 days
from the date of receipt of names of contractor's
nominee.
Section 11 in The Arbitration And Conciliation Act, 1996 [Entire Act]
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