NORTH EASTERN RAILWAY & ORS. versus TRIPPLE ENGINEERING WORKS

NORTH EASTERN RAILWAY & ORS. versus TRIPPLE ENGINEERING WORKS

Inordinate delay in arbitral proceedings and failure of the contractually agreed mechanism justified the High Court in deviating from contract terms and appointing an independent arbitrator to effectuate the remedy under the Arbitration & Conciliation Act, 1996.

Parties
Appellant: North Eastern Railway & Ors.; Respondent: Tripple Engineering Works
Jurisdiction
India
Judgment Date
13 August 2014
Procedural Posture
Civil Appeal / Appeal From Order of Patna High Court in Request Case No.3 of 2012
Outcome
appeal dismissed
Legal Topics
Appointment of Arbitrator, Deviation From Contract Terms in Exceptional Circumstances, Section 11(6) Arbitration & Conciliation Act
Arbitration Law Appointment of Arbitrator Deviation From Contract Terms in Exceptional Circumstances Section 11(6) Arbitration & Conciliation Act

Case Brief

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Parties

North Eastern Railway & Ors.

Appellant

Tripple Engineering Works

Respondent

Procedural Posture

Civil Appeal / Appeal From Order of Patna High Court in Request Case No.3 of 2012

Legal Issues

  1. 1 Whether the High Court was right in appointing a retired Chief Justice as arbitrator, contrary to clause 64(3)(a)(ii) and (iii) of the General Conditions of Contract which required appointment of Railway Officers

Ratio Decidendi

Inordinate delay in arbitral proceedings and failure of the contractually agreed mechanism justified the High Court in deviating from contract terms and appointing an independent arbitrator to effectuate the remedy under the Arbitration & Conciliation Act, 1996.

Court Disposition

appeal dismissed

Orders

  • No interference with the High Court's order appointing a retired Chief Justice as arbitrator.
  • No order as to costs.