Isc Project Pvt.Ltd v. Union Of India And ANR

30.arbp.84.15====.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION APPLICATION NO. 84 OF 2015 ISC Project 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 of 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

30.arbp.84.15====.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.CAO(C)868 dated July 5, 2007 entered into between applicant and Chief Engineer (Construction)/North, Central Railway, Mumbai on behalf of President of India regarding "Laying and Linking of Track between Ch.000 m to Ch.18000 m (Entire Length) in connection with Puntamba - Shirdi New B.G.Rail Line Project." Arbitration Application disposed.

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