Dhara Rail Projects Pvt.Ltd. v. Union Of India And ANR.

arbap.175.2015.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION APPLICATION NO. 175 OF 2015 Dhara Rail Projects Pvt.Ltd.

.. Applicant Vs.

Union of India & Anr.

.. Respondents Mr.Yogendra Singh i/b Auris Legal for applicant. Mr.T.J. Pandian for respondents.

CORAM : K.R.SHRIRAM, J.

DATE : 1ST AUGUST 2017 P.C.

The matter was argued for some time. Mr.Singh for applicant, under instructions, states that in view of the stand taken by respondents that Clause 51.2 of the special conditions of the contract provides for reference of disputes to arbitration only if the claim is within 20% of the contract value, the claimant will restrict its claim to an amount not exceeding 20% excluding the excluded portions in clause 51.2. Statement accepted.

Mr.Pandian for respondents states that in view of the statement made, the dispute between the parties could be referred to arbitration. Both Mr.Singh and Mr.Pandian suggest Ms.Kainaz Irani, an Advocate practicing in this Court be appointed as Arbitrator. The counsels state that they have Shraddha Talekar PS 1/2

arbap.175.2015.doc spoken to Ms.Irani who has expressed her consent to the appointment as Arbitrator and she has also stated she has no conflict of interest with any of the parties to the arbitration.

Ms.Kainaz Irani, Advocate is appointed as Arbitrator to decide all disputes and differences arising out of and in connection with Contract Agreement No.PG/DTL/389 dated September 15, 2012 entered into between applicant and Deputy Chief Electrical Engineer (G)/MTN, Central Railway, Mumbai on behalf of President of India regarding "Erection, testing and commissioning of Mobile/Laptop charging Points in Non-AC 3Tier Coaches, Qty-400 coaches (7200 points)." Arbitration Application disposed.

(K.R. SHRIRAM, J.) Shraddha Talekar PS 2/2