M/s Vijay Energy Equipments Versus West Central Railway

Madhya Pradesh High Court (Single Judge)

AC, 64 of 2018, Judgment Date: Jan 22, 2021

Law Laid Down:-

The applicant having failed to waive off the applicability of Section 12(5) of the Arbitration and Conciliation (Amendment) Act, 2015, the respondent-Railways would be justified in invoking Clause 64(3) of the General Conditions of Contract, as amended by them after amendment of the Arbitration and Conciliation Act, 1996 w.e.f. 23.10.2015, thereby forwarding the panel of three retired officers of Railways and calling upon the applicant to choose two of them for appointing one out of them as nominee arbitrator of the applicant – Relied – Judgment of the Supreme Court in Central Organization for Railway Electrification vs. ECI-SPIC-SMO-MCML (JV) A Joint Venture Company, [2019 SCC Online SC 1635].

M/s Vijay Energy Equipments Versus West Central Railway