NDLI: The Government of Haryana Pwd Haryana (b and R) Branch Vs. M/s. G. F. Toll Road Pvt. Ltd. & Ors.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	ss. 15 Government works contract 15(2) Nomination of arbitrator Arbitration and Conciliation Act 1996
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Arbitration and Conciliation Act, 1996 (26 of 1996)
Case(s) Referred	Referred Case 0
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Disposed Off
Headnote	Arbitration and Conciliation Act, 1996 – ss. 15, 15(2) – Termination of mandate and substitution of arbitrator – Government works contract – Dispute between the parties – Nomination of arbitrator in terms with the dispute resolution clause in the agreement – Indian Council of Arbitration-ICA raised objection to arbitrator nominated by the State that being a retired employee of the State, his integrity and impartiality doubtful – State sought 30 days time to appoint a substitute arbitrator – Meanwhile, ICA appointed a nominee arbitrator on behalf of the State, as also Presiding arbitrator – Challenge to, by the State by filing application u/s. 15 before the District Judge as also objection before the arbitral tribunal u/s. 16 – District Court held the petition not maintainable since the tribunal had been constituted – Revision Petition before the High Court – Dismissal of – On appeal, held: High Court failed to take note of s. 15(2) which provides that a substitute arbitrator must be appointed according to the rules that are applicable for the appointment of the arbitrator being replaced – ICA could not have usurped the jurisdiction over appointment of the nominee arbitrator on behalf of the State prior to the expiry of the 30 days’ period requested by the State – Appointment of the nominee arbitrator on behalf of the State by the ICA unjustified and contrary to the Rules of the ICA itself – Objection of reasonable apprehension of bias raised as regards the arbitrator nominated by the State wholly unjustified and unsubstantiated – Thus, the order passed by the High Court set aside – On basis of the mutual agreement between both the parties, Justice S.S. Nijjar (Retd.) appointed as the Sole Arbitrator to adjudicate the disputes arising out of the Agreement.
Judge	Hon'ble Ms. Justice Indu Malhotra
Neutral Citation	2019 INSC 3
Petitioner	The Government Of Haryana Pwd Haryana (b And R) Branch
Respondent	M/s. G. F. Toll Road Pvt. Ltd. & Ors.
SCR	[2019] 1 S.C.R. 270
Judgement Date	2019-01-03
Case Number	27

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