Full Judgment Text
NON-REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NOS.2865-2866 OF 2015
(Arising out of SLP(C) Nos.36943-36944 of 2013)
U.O.I & ORS. .... APPELLANTS
VERSUS
GURDAYAL SINGH ..... RESPONDENT
O R D E R
ANIL R. DAVE, J.
Leave granted.
Heard the learned counsel for the parties.
We have noted the fact that the learned counsel
appearing for the appellants had given consent before the
High Court for appointment of Mr. Justice O.N. Khandelwal,
JUDGMENT
former Judge of Allahabad High Court as a sole Arbitrator.
In view of the afore-stated consent given on behalf of the
appellants, we see no reason to interfere with the
appointment of the Arbitrator made by the High Court.
Upon hearing the learned counsel for the appellants,
we also note that there was no issue with regard to
interpretation of Clause 64 of the General Conditions of
the Contract before the High Court. The High Court, in
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the impugned order, has made the following observations
with regard to the afore-stated Clause 64:
“In the present case, applicant has no
faith/trust in the officers of the railways who
were intended to be appointed as arbitrator.
Justice need not only be done but appears that
it has been done. To maintain the principle of
impartiality, I am of the view that unreasonable
term of the Standard Form of Contract is not
binding on the applicant. Therefore, applicant
is entitled to have an impartial and competent
arbitrator to solve the dispute in hand.”
As validity of the afore-stated clause was not one of
the issues before the High Court, in our opinion, the High
Court should not have made any observation on the said
clause and therefore, the afore-stated observation made by
the High Court in relation to Clause 64 is hereby quashed.
The appeals are, therefore, allowed to the above
extent with no order as to costs.
........................J.
(ANIL R. DAVE)
JUDGMENT
........................J.
(AMITAVA ROY)
New Delhi
March 09, 2015.
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