PUNJAB STATE ELECTRICITY BOARD Vs. INDURE LIMITED

JUDGEMENT

(1.) This is a petition by the Punjab State Electricity Board (for short, the Board) under Article 227 of the Constitution seeking the removal of respondent No. 2 Shri J. S. Grewal, as the arbitral tribunal at Patiala and for prohibiting him to act as the arbiral tribunal in respect of the disputes between the petitioner and respondent No. 1, M/s. Indure Limited (for short, the 'contractor').

(2.) The Board entered into a contract with the contractor on March 7, 1990 for designing, manufacturing, erecting testing and commissioning the Ash Handling System for Units No. 5 and 6 of the Guru Gobind Singh Super Thermal Plant, Ropar. The contract for Unit No. 5 was to be completed and commissioned by June 19, 1991 and for Unit No. 6 by December 19, 1991. Extension for completion of work was granted and Unit No. 5 was thereafter commissioned by August 31, 1992. Unit No. 6 was not, however, completed in time.

(3.) A dispute arose between the Board and the contractor. In terms of the arbitration clause in the agreement, the dispute was referred to Shri J. S. Grewal as Arbitrator.