Case Note & Summary
The dispute involved the C.A.G. of India as the petitioner against the State of Rajasthan and others as respondents. The matter was brought before the Supreme Court following an order from the High Court that the parties found unsatisfactory. During the proceedings, the parties reached an agreement to set aside the High Court's orders from November 27, 2002, and July 30, 2002, and to appoint a sole arbitrator to resolve the entire dispute. The Supreme Court accepted this agreement and appointed Hon’ble Mr. Justice D.P. Wadhwa as the sole arbitrator, directing him to resolve the matter within three months. The court clarified that this decision was made under special circumstances and would not serve as a precedent for future cases. The costs of the arbitration proceedings were to be shared equally by the parties, and the arbitrator was given the liberty to fix his fees in consultation with them. The venue for the arbitration was set in Delhi, and the arbitrator was instructed to file his award in the Supreme Court. The court also allowed the parties to approach the arbitrator for any interim orders as needed.
Headnote
A) Arbitration - Appointment of Arbitrator - Setting Aside High Court Order - Arbitration and Conciliation Act, 1996 - The parties agreed to set aside the High Court's order and appoint a sole arbitrator to resolve their dispute. The court appointed Hon’ble Mr. Justice D.P. Wadhwa as the sole arbitrator and directed him to dispose of the matter within three months, emphasizing that this order is made under special circumstances and shall not set a precedent. (Paras Not mentioned).
Issue of Consideration
Whether the order passed by the High Court should be set aside and an arbitrator appointed to resolve the dispute.
Final Decision
The Supreme Court set aside the High Court's orders and appointed Hon’ble Mr. Justice D.P. Wadhwa as the sole arbitrator to resolve the dispute, directing him to complete the arbitration within three months.
Law Points
- Arbitration
- Appointment of Arbitrator
- Dispute Resolution
