Yashwant Varma - (1.) Heard Sri P.K. Ganguly and Anil Tiwari for the applicants. Sri Sunil Gupta learned Senior Advocate who led arguments on behalf of the respondents [IFFCO] was assisted by Sri Sanjay Grover and Sri Vivek Ratan Agarwal.
(2.) These two arbitration applications, with the consent of parties, have been heard together and are being disposed of by this common judgment. While Arbitration Application No. 105 of 2015 preferred under Section 11 (5) of the Arbitration and Conciliation Act 1996 emanates from Arbitration Case No. 1 of 2007 ["Case No.1"], Arbitration Application No. 20 of 2016 instituted under Section 15(2) of the 1996 Act arises from Arbitration Case No. 2 of 2007 ["Case No. 2"]. The dispute in Case No. 1 stems from a work order placed upon M/s S.K. Associates in 1995. Case No. 2 arises from disputes relating to a work order dated 12 February 1999 placed upon the applicant.
(3.) The applicant originally preferred Writ Petition No. 26226 of 2001 before the High Court seeking payment of its alleged outstanding dues. This petition was disposed of with liberty to the applicant to invoke the arbitration clause. Upon receipt of a notice from the applicants invoking arbitration, IFFCO appointed its Senior General Manager as the sole Arbitrator in both cases. Since the applicants raised a doubt with respect to the impartiality of the appointed sole arbitrator, IFFCO proceeded to appoint Justice S.P. Goel, a retired Judge of the High Court, as the sole arbitrator on 18 June 2002. Raising reservations in respect of this Arbitrator also, the applicants petitioned the Chief Justice of this Court invoking Section 11 of the 1996 Act by way of Arbitration Application No. 22 of 2005. This application, which related to Case No. 1, was disposed of on 1 December 2006 with the nominee Judge of the Chief Justice appointing Justice V.P. Goel, a retired Judge of this Court, as the Arbitrator. Disposing of a similar application numbered as Arbitration Application No. 31 of 2005, preferred in respect of Case No.2, the nominee Judge on 16 March 2007 appointed Justice V.P. Goel to arbitrate the disputes.;