Waris Buildcon Private Limited vs The Union Of India And Others
2023 Latest Caselaw 387 Jhar

        IN THE HIGH COURT OF JHARKHAND AT RANCHI
                 Arbitration Application No. 35 of 2022
                                     --------

Waris Buildcon Private Limited ... ... Petitioner Versus The Union of India and Others ... ... Respondents

CORAM: HON'BLE MR. JUSTICE SHREE CHANDRASHEKHAR

-------

For the Petitioner          : Mr. Rahul Kumar, Advocate
For the State               : Mr. Rajiv Ranjan, AG
                              Mr. Piyush Chitresh, AC to AG
For the UOI                 : Mr. Pratyush Kumar, CGC
                                     -------

Order No. 09/ Dated: 20th January 2023

Mr. Rahul Kumar, the learned counsel for the petitioner has referred to the judgment in "Deep Trading Company v. Indian Oil Corporation & Ors." (2013) 4 SCC 35 to submit that the present application for appointment of arbitrator under section 11(6) of the Arbitration and Conciliation Act, 1996 still survives notwithstanding appointment of arbitrator by the Employer.

The learned Advocate General is assisted by Mr. Piyush Chitresh, the learned counsel.

The learned Advocate General has however referred to the decision in "M/s. Durga Welding Works v. Chief Engineer, Railway Electrification, Allahabad & Anr." [Civil Appeal No.54 of 2022] to submit that now the present arbitration application has become infructuous by virtue of appointment of the arbitrator during pendency of the present arbitration application.

For further consideration, post this matter on 3 rd February 2023.

Part heard.

(Shree Chandrashekhar, J.) R.K.