IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.19054 of 2011
M/S Buildworth Pvt. Ltd. through Deepak Singh
Versus
The Union of India & Ors
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03/ 14.11.2011 Heard learned counsel for the petitioner, learned
counsel for the East Central Railway and its authorities (respondent
nos.1 to 5) as well as learned counsel for IRCON International and its
authority (respondent no.8).
This writ petition has been filed by the petitioner for the
following reliefs:-
(i) For issuance of writ in the nature of Certiorari
for quashing the entire arbitration proceedings
in connection with C.A. No.115/Misc/DNR/03-
04 dated 18.08.2004 having been vitiated on
account of its being constituted, initiated and
conducted de-horse the provisions of the
Arbitration & Conciliation Act,1996 totally
lacking in independence and impartiality and
causing undue and inordinate delay in conduct
of proceedings which has resulted in denial of
fair play in action, lack of transparency and
arbitrariness in conduct of the proceedings,
violation of the principles of Natural Justice,
denial of equal treatment of the parties and
apprehension of reasonable bias by the
petitioner;
(ii) For issuance of an order/writ/direction in the
nature of Mandamus directing appointment of
an independent arbitrator for facilitating a fair,
impartial and early resolution of the dispute
inasmuch as the mandate of the arbitrator has
been terminated on account of the Chief
Arbitrator having retired on 31.08.2011 and thus
demitted office.
Issue notices to respondent nos.6, 7 and 9 under
ordinary process as well as under registered cover with A/D for which
-2-
requisites etc. must be filed by the petitioner within one week, failing
which this writ petition as against them shall stand dismissed without
further reference to a Bench.
I.A. No.7559 of 2011 has been filed on behalf of the
petitioner for amendment of the writ petition by way of adding another
relief. Considering the claims of the petitioner in this writ petition, the
said interlocutory application is allowed. Let the following relief be
added to the reliefs claimed in the writ petition:-
“(1)(v) For issuance of an appropriate
writ/order/direction in the nature of certiorari
quashing the sham award dated 29.08.2011
as communicated to the petitioner on
04.11.2011 which has been manufactured by
the Railway authorities in connivance with
the Arbitrators after filing of the instant writ
petition.”
Although learned counsel for the respondents
vehemently contests the claim of the petitioner, but considering the
facts and circumstances of the case, the respondents are restrained
from taking any consequential action in furtherance of any award
which has been passed in pursuant to the impugned arbitration
proceeding, till further orders of this court in that regard.
Harish (S.N.Hussain, J.)