Case Law Details
A K Builders Vs Delhi State Industrial Infrastructure Development Corporation Ltd (Delhi High Court)
Conduct cannot impliedly waive the rights under Section 12(5) of the A&C Act. The waiver under Section 12(5) of the A&C Act has to be by an express agreement in writing.
Facts-
The respondent awarded a contract to the Petitioner by a Letter of Award. It was stipulated that the work would be executed on or before 15.12.2013. The petitioner claims that the work was completed on 30.03.2015. Certain disputes have arisen between the parties in connection with the Contract in question and the petitioner invoked the Arbitration Clause by a notice dated 17.01.2020.
On 19.02.2020, the Chief Engineer of the respondent, appointed Sh. D.S. Pandit, IAS (Retired) as a Sole Arbitrator to adjudicate the disputes between the parties. The Arbitral Tribunal held its first hearing on 13.03.2020. It is stated that several hearings have been held before the Arbitral Tribunal thereafter. DSIIDC states that the petitioner had participated in the arbitral proceedings without any reservation. However, the petitioner has now filed the present petition on 21.01.2022 seeking termination of the mandate of the learned Arbitrator on the ground that he is ineligible to act as an Arbitrator.
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