The Apex Court on 03.01.2019, in The Government of Haryana PWD Haryana (B and R) Branch v M/s. G.F. Toll Road Pvt. Ltd. & Ors.,[1] disposed of the appeals which was filed by the Appellant for challenging an Order that had been passed by the High Court of Punjab and Haryana.
FACTS:
An agreement was entered upon by the Appellant and the respondent with regard to a contract which related to the constructing, operating and maintaining roads upon the basis of BOT. One of the clauses in the agreement specified about an arbitrator to be appointed in case of any disputes between the parties. Eventually, dispute arose between the parties and the respondent while invoking the clause related to Arbitration made a request to the ICA for commencing the proceedings.
Two different arbitrators were appointed by the respondent and appellant respectively giving in rise to objections. A petition was filed before the District Court wherein it was held to be non-maintainable. Later, a Civil Revision Petition was filed in the Punjab and Haryana High Court which subsequently had been dismissed concerned Revision Petition.
DECISION HELD BY THE APEX COURT :
When the matter was brought before the Apex Court, the Apex Court terminated the arbitral tribunal that was constituted under the riles of ICA while directing that the matter should be dealt by a sole arbitrator.
[1] Full Judgment:
[embeddoc url=”https://www.sci.gov.in/supremecourt/2018/24650/24650_2018_Judgement_03-Jan-2019.pdf” download=”all”]