LAW FOR ALL

Arbitration proceedings -Court can appoint any arbitrator other than the prescribed arbitrator as per the terms of agreement - disputes between contractors and Railways - as per the terms of agreement a railway Officer was to be appointed as arbitrator - decades lapsed no award was passed - High court appointed former Chief Justice of the Sikkim High Court - challenged as invalid and beyond conditions of arbitration agreement - Apex court held thatA period of nearly two decades has elapsed since the contractor had raised his claims for alleged wrongful termination of the two contracts. The situation is distressing and to say the least disturbing. The power of the Court under the Act has to be exercised to effectuate the remedy provided thereunder and to facilitate the mechanism contemplated therein. In a situation where the procedure and process under the Act has been rendered futile, the power of the Court to depart from the agreed terms of appointment of arbitrators must be acknowledged in the light of the several decisions noticed by us. We are, therefore, of the view that no infirmity muchless any illegality or failure of justice can be said to be occasioned by the order passed by the High Court so as to warrant any interference. We, therefore, unhesitatingly dismiss this appeal filed by the appellant-railways. = CIVIL APPEAL NO.6275 OF 2014 (Arising out of SLP (C) No. 20427 OF 2013) NORTH EASTERN RAILWAY & ORS. ... APPELLANT (S) VERSUS TRIPPLE ENGINEERING WORKS ... RESPONDENT (S) = 2014- Aug. Part - http://judis.nic.in/supremecourt/filename=41824