M/S T.R. Gupta Contractors vs National Hydro Electric Power ...
2001 Latest Caselaw 173 Del

ORDER

J.D. Kapoor, J.

1. The parties have given names of three arbitrators. The plaintiff agrees to the name of Justice N.C. Kochhar, J. (Retd.) of Rajasthan High Court.

2. Since as per arbitration clause 55.2 of the contract dated 17.3.1987 between the parties, it is contended by the counsel for the defendant objector that as per clause 55.2 the Chief Engineer was to appoint another person to act as Sole Arbitrator, if the Arbitrator to whom the matter was originally referred is being transferred or vacates his office or is unable to act for any reason and, therefore, the Chief Engineer should be directed by this Court to appoint Justice N.C. Kochhar as an Arbitrator.

3. Since both the parties have agreed for appointment of Justice N.C. Kochhar as an Arbitrator, this clause has become redundant and thus, I appoint Justice N.C. Kochhar as Arbitrator to enter upon the disputes, between the parties which shall be raised before the Arbitrator himself. The award stands set aside.

4. Learned Arbitrator shall fix his fees as per norms which shall not exceed Rs. 50,000/-. The record of arbitration proceedings be transmitted to the learned Arbitrator forthwith.

5. Parties to appear before the learned Arbitrator on 9.3.2001.