NORTH EASTERN RAILWAY Vs. TRIPPLE ENGINEERING WORKS

JUDGEMENT

(1.) The challenge in this appeal is to order dated 27.06.2012 of the Patna High Court by which a former Chief Justice of the Sikkim High Court had been appointed as the arbitrator to resolve the disputes and differences between the parties to the present proceedings arising out of two contracts bearing No. CAO/CON/722 dated 01.11.1993 and CAO/CON/738 dated 28.04.1994.

(2.) Both the contracts awarded to the respondent-contractor were terminated on 7.11.1994. Admittedly, the General Conditions of Contract of the Railways, which included an arbitration clause, governed the parties.

(3.) Though a panel of arbitrators as per Clauses 64(3)(a)(ii) and (iii) of the General Conditions of Contract was appointed as far back as in the year 1996, till date the award(s) in respect of the disputes arising out of either of the two contracts is yet to be passed. According to the appellant-railways, the proceedings of arbitration has been completed in respect of the disputes arising out of Contract No. CAO/CON/722 dated 01.11.1993. Even if the said statement of the appellant-railways is to be accepted, though no material has been laid in support thereof, what cannot be denied is the fact that till date the award is yet to be passed.