Parmar Construction Company v. Northern Railways

Delhi High Court · 08 Oct 2018 · 2018:DHC:8661
Vibhu BakhrU
W.P.(C) 10735/2018
2018:DHC:8661
civil appeal_dismissed

AI Summary

The Delhi High Court dismissed writ petitions seeking appointment of a sole arbitrator, holding that judicial interference in ongoing arbitration is barred under Section 5 of the Arbitration and Conciliation Act, 1996.

Full Text
Translation output
HIGH COURT OF DELHI
W.P.(0 10735/2018& C.M. No. 41836/2018 PARMAR CONSTRUCTION COMPANY Petitioner
Through:. Mr Ranjay Dubey, Advocate.
VERSUS
NORTHERN RAILWAYS AND ORS. Respondents
Through: Mr Jagjit Singh, Sr. Standing Counsel for Railways with Mr Preet Singh and
Mr Vipin Choudhary, Advocate.
AND
/" W.P.(C) 10740/2018& C.M. No. 41852/2018 PARMAR CONSTRUCTION COMPANY Petitioner
Through: MrRanjay Dubey, Advocate.
VERSUS
NORTI-IERN RAILWAYS AND ORS Respondents / Through: Mr Jagjit Singh, Sr. Standing Counsel
- for Railways with Mr Preet Singh and Mr Vipin Choudhary, Advocate.
CORAM:
HON'BLE MR. JUSTICE VIBHU BAKHRU
08.10.2018
ORDER

1. The petitioner has filed the present petitions, inter alia, praying that a sole arbitrator be appointed to complete the arbitral proceedings (two separate proceedings) commenced in connection with the respective contracts of civil construction awarded to the petitioner. 2018:DHC:8661

2. Clearly, the present petitions are misconceived and no such relief can be granted to the petitioner in these proceedings. Interms ofSection 5 ofthe Arbitration and Conciliation Act, 1996 no interference is permissible except as otherwise provided under the said Act. The petition is, accordingly dismissed with liberty to the petitioner to avail of appropriate remedies under the Arbitration and Conciliation, Act, 1996.

3. The pending application is also disposed of VIBHU BAKHRU, J OCTOBER 08, 2018 ink