UNION OF INDIA Vs. SINGH BUILDERS SYNDICATE
LAWS(SC)-2009-2-108
SUPREME COURT OF INDIA
Decided on February 26,2009

UNION OF INDIA Appellant
VERSUS
SINGH BUILDERS SYNDICATE Respondents





Cited Judgements :-

B. GIRDAPATHI REDDY AND CO. VS. MADHUCON PROJECTS LTD. [LAWS(TLNG)-2019-12-464] [REFERRED TO]
SUBASH CHANDRA KANCHAN VS. B S N L [LAWS(ORI)-2010-4-18] [REFERRED TO]
VENKATESH EARTHEN PRIVATE LTD. VS. UNION OF INDIA [LAWS(MPH)-2019-2-218] [REFERRED TO]
NORTH EASTERN RAILWAY VS. TRIPPLE ENGINEERING WORKS [LAWS(SC)-2014-8-23] [REFERRED TO]
UNION OF INDIA (UOI) VS. U.P. STATE BRIDGE CORPORATION LTD. [LAWS(SC)-2014-9-130] [REFERRED TO]
S B P AND COMPANY VS. PATEL ENGINEERING LTD [LAWS(SC)-2009-10-37] [REFERRED TO]
UNION OF INDIA VS. PALZER MACHINE CRAFT PRIVATE LIMITED [LAWS(CAL)-2017-11-140] [REFERRED TO]
METRO BUILDERS (ORISSA) PVT LTD VS. INDIAN OIL CORPORATION LTD & ORS [LAWS(DLH)-2011-10-286] [REFERRED]
NATIONAL HIGHWAYS AUTHORITY OF INDIA VS. D.S. TOLL ROAD LTD. AND ORS. [LAWS(DLH)-2015-2-332] [REFERRED TO]
LIMRA ELECTRICALS A PROPRIETORSHIP CONCERN VS. BHARAT SANCHAR NIGAM LIMITED AND ORS. [LAWS(KAR)-2015-4-277] [REFERRED TO]
RAIL VIKAS NIGAM LTD. VS. SIMPLEX INFRASTRUCTURES LTD [LAWS(DLH)-2020-7-98] [REFERRED TO]
INDER KUMAR VERMA VS. UNION OF INDIA [LAWS(J&K)-2013-2-13] [REFERRED TO]
ASHOK KUMAR GHOSH VS. STATE OF WEST BENGAL [LAWS(CAL)-2011-11-15] [REFERRED TO]
M/S METRO BUILDERS (ORISSA) PVT. LTD. VS. INDIAN OIL CORPORATION LTD. & ORS. [LAWS(DLH)-2011-10-189] [REFERRED TO]
SHEO MURTI SHUKLA VS. INDIAN OIL CORPORATION LTD [LAWS(DLH)-2013-4-136] [REFERRED TO]
SIMPLEX INFRASTRUCTURES LIMITED VS. THE UNION OF INDIA [LAWS(BOM)-2015-7-111] [REFERRED TO]
M/S. HIRA STEEL LIMITED VS. M/S. PRASANNA V. GHOTAGE [LAWS(BOM)-2013-12-193] [REFERRED TO]
PASCHIMANCHAL VIDYUT VITRAN NIGAM LIMITED VS. IL & FS ENGINEERING & CONSTRUCTION COMPANY LIMITED [LAWS(DLH)-2018-8-302] [REFERRED TO]
ANIL MEHTA VS. GENERAL MANAGER [LAWS(DLH)-2018-2-238] [REFERRED TO]
DELHI STATE INDUSTRIAL INFRASTRUCTURE DEVELOPMENT VS. BAWANA INFRA DEVELOPMENT (P) LTD [LAWS(DLH)-2018-5-307] [REFERRED TO]
DOOT DEVELOPERS PVT LTD. VS. UNION OF INDIA [LAWS(DLH)-2016-4-549] [REFERRED TO]
FILM CRAFT, THROUGH ITS SOLE PROPRIETOR ANJANA G ADHIKARI VS. PRASAR BHARATI [LAWS(MAD)-2017-12-172] [REFERRED TO]
UNION OF INDIA VS. PUSHKAR PAINT INDUSTRIES [LAWS(DLH)-2023-2-31] [REFERRED TO]
COUNCIL OF SCIENTIFIC AND INDUSTRIAL RESEARCH VS. VIRTUAL WIRE TECHNOLOGIES PVT. LTD. [LAWS(DLH)-2023-1-385] [REFERRED TO]
STATE OF U. P. VS. GVK EMRI (UP) PVT. LTD. [LAWS(ALL)-2021-8-47] [REFERRED TO]
VIDHYAWATI CONSTRUCTION CO BUILDERS AND GOVT CONTRACTORS VS. ALLAHABAD DEVELOPMENT AUTHORITY [LAWS(ALL)-2020-11-25] [REFERRED TO]
M/S. RANJEET SINGH AND COMPANY VS. HP STATE ELECTRICITY BOARD LTD. AND ANOTHER [LAWS(HPH)-2018-7-146] [REFERRED TO]
Union of India VS. Ramakrishna Constructions [LAWS(ORI)-2010-6-51] [REFERRED TO]
M/S. GANESH CONTAINERS MOVERS SYNDICATE VS. RAJASTHAN SMALL INDUSTRIES CORPORATION LIMITED [LAWS(RAJ)-2016-4-173] [REFERRED TO]
MEHROTRA BUILDICON (P) LTD. VS. DEPUTY CHIEF ENGINEER [LAWS(CHH)-2019-6-144] [REFERRED TO]
MAHAGUN INDIA PVT LTD VS. INFINITI RETAIL LIMITED [LAWS(DLH)-2011-5-73] [REFERRED TO]
REHMAT ALI BAIG VS. MINOCHER M DEBOO [LAWS(BOM)-2012-7-191] [REFERRED TO]
GAMMON INDIA LTD VS. TRENCHLESS ENGINEERING SERVICES LTD [LAWS(BOM)-2013-12-179] [REFERRED TO]
WIANXX IMPEX PVT LTD & ORS VS. EVERSHINE BUILD WELL PVT LTD [LAWS(DLH)-2019-1-267] [REFERRED TO]
JOGINDER SINGH DHAIYA VS. M.A. TARDE [LAWS(DLH)-2017-12-92] [REFERRED TO]
CLARKE ENERGY INDIA PVT. LTD VS. SAS EPC SOLUTION PRIVATE LIMITED [LAWS(MAD)-2021-12-32] [REFERRED TO]
KARAN DEVELOPMENT SERVICE PVT LTD VS. UNION OF INDIA [LAWS(MPH)-2011-9-70] [FOLLOWED ON]
THE SUPREME INDUSTRIES LTD. VS. M.P. WAREHOUSING & LOGISTICS CORPORATION & ANOTHER [LAWS(MPH)-2017-8-61] [REFERRED TO]
SHUTHAM ELECTRIC LTD. VS. VAIBHAV RAHEJA [LAWS(DLH)-2024-5-201] [REFERRED TO]
STATE OF BIHAR VS. BIHAR STATE SUGARCANE CORPORATION LTD [LAWS(PAT)-2020-3-41] [REFERRED TO]
KUMAR AND KUMAR ASSOCIATES VS. THE UNION OF INDIA [LAWS(PAT)-2016-7-186] [REFERRED TO]
ISHVAKOO (INDIA) PVT LTD. VS. NATIONAL PROJECTS CONSTRUCTION CORPORATION LTD [LAWS(DLH)-2013-5-457] [REFERRED TO]
M. RAJKUMAR VS. THE GENERAL MANAGER, SOUTHERN RAILWAY [LAWS(MAD)-2015-3-63] [REFERRED TO]
PROGRESSIVE INFOTECH PRIVATE LIMITED VS. IRCON INTERNATIONAL LTD. [LAWS(DLH)-2023-2-2] [REFERRED TO]
APPLIED COMMUNICATION AND CONTROLS VS. UNION OF INDIA & ANR [LAWS(DLH)-2018-5-206] [REFERRED TO]
SAI ENGINEERING CONTRACTORS VS. UNION OF INDIA [LAWS(APH)-2009-8-59] [REFERRED TO]
SAI ENGINEERING CONTRACTORS VS. UNION OF INDIA [LAWS(APH)-2009-8-59] [REFERRED TO]
KESHAB CHARAN MOHANTY VS. STATE OF ODISHA AND ORS. [LAWS(ORI)-2015-11-10] [REFERRED TO]
OIL AND NATURAL GAS CORPORATION LTD VS. AFCONS GUNANUSA JV [LAWS(SC)-2022-8-110] [REFERRED TO]
BIHAR STATE ELECTRONICS DEVELOPMENT CORPORATION LIMITED VS. STATE OF BIHAR [LAWS(PAT)-2022-12-69] [REFERRED TO]
M.L. DALMIYA & COMPANY LTD VS. CHAIRMAN & MANAGING DIRECTOR [LAWS(DLH)-2012-11-33] [REFERRED TO]
AHUJA CLASSES VS. BOTHRA CLASSES [LAWS(GJH)-2020-9-171] [REFERRED TO]
M/S S.B. CONSTRUCTION PVT. LTD. VS. EASTERN CENTRAL RAILWAYS [LAWS(JHAR)-2017-2-75] [REFERRED TO]
CONSTRUCTION PVT LTD , ROURKELA VS. EASTERN CENTRAL RAILWAYS, BIHAR AND OTHERS [LAWS(JHAR)-2017-2-168] [REFERRED TO]
UNION OF INDIA VS. PRADEEP VINOD CONSTRUCTION COMPANY [LAWS(SC)-2019-11-44] [REFERRED TO]
K.SANKARA NARAYANAN VS. CENTRAL REGISTRAR OF MALTI STATE CO-OP CREDIT SOCIETIES [LAWS(MAD)-2024-3-78] [REFERRED TO]
M/S. CONTROL SYSTEMS VS. M.P. MICRO AND SMALL ENTERPRISES FACILITATION COUNCIL & ORS. [LAWS(MPH)-2018-1-325] [REFERRED TO]
MODI PROJECTS LIMITED VS. EASTERN CENTRAL RAILWAYS [LAWS(JHAR)-2017-2-111] [REFERRED TO]
ALPINE HOUSING DEVELOPMENT CORPORATION LIMITED VS. UNION OF INDIA [LAWS(APH)-2010-3-96] [REFERRED TO]
CENTRAL ORGANISATION FOR RAILWAY ELECTRIFICATION VS. M/S ECI SPIC SMO MCML (JV) A JOINT VENTURE COMPANY [LAWS(SC)-2024-11-32] [REFERRED TO]
JARNAIL SINGH SANDHU VS. NATIONAL PROJECTS CONSTRUCTION CORPORATION LTD [LAWS(ORI)-2011-7-4] [REFERRED TO]
JARNAIL SINGH SANDHU VS. NATIONAL PROJECTS CONSTRUCTION CORPORATION LTD [LAWS(ORI)-2011-7-4] [REFERRED TO]
ANKUSH ENGINEERS & CONTRACTORS (PVT ) LTD VS. UNION OF INDIA AND OTHERS [LAWS(P&H)-2015-10-487] [REFERRED]
V.K. SOOD ENGINEER AND CONTRACTOR VS. UNION OF INDIA (UOI) THROUGH DEPUTY CHIEF BRIDGE ENGINEER [LAWS(P&H)-2011-3-462] [REFERRED TO]
DELHI CHEMICAL AND PHARMACEUTICALS WORKS PVT LTD VS. HIMGIRI REALTORS PVT LTD [LAWS(DLH)-2011-7-190] [REFERRED TO]
PRADEEP OIL CORPORATION VS. NORTHERN RAILWAYS [LAWS(DLH)-2013-7-39] [REFERRED TO]
NATIONAL RUBBER CORPORATION VS. M R CHOUDHARY [LAWS(DLH)-2009-8-14] [REFERRED TO]
RAFFLES DESIGN INTERNATIONAL INDIA PRIVATE LIMITED AND ANOTHER VS. EDUCOMP PROFESSIONAL EDUCATION LIMITED AND OTHERS [LAWS(DLH)-2016-10-45] [REFERRED TO]
BHUPENDER LAL GHAI VS. CROWN BUILDTECH PRIVATE LIMITED [LAWS(DLH)-2011-7-316] [REFERRED TO]
KRISHAN GOPAL VS. PARVEEN RAJPUT [LAWS(DLH)-2019-4-176] [REFERRED TO]
NATIONAL HIGHWAYS AUTHORITY OF INDIA VS. GAMMON ENGINEERS AND CONTRACTOR PVT LTD [LAWS(DLH)-2018-7-569] [REFERRED TO]
NATIONAL HIGHWAYS AUTHORITY OF INDIA VS. PCL STICCO (JV) [LAWS(DLH)-2017-2-298] [REFERRED TO]
MOHAN AGRAWAL CONSTRUCTION COMPANY VS. UNION OF INDIA AND ORS. [LAWS(MPH)-2015-8-47] [REFERRED TO]
NATIONAL HIGHWAY AUTHORITY OF INDIA VS. TANTIA RAXAUL TOLLWAYS PRIVATE LIMITED [LAWS(DLH)-2022-9-173] [REFERRED TO]
PALLAB GHOSH VS. SIMPLEX INFRASTRUCTURES LIMITED [LAWS(GAU)-2024-6-81] [REFERRED TO]
NATIONAL CLUB COOPERATIVE SOCIETY LIMITED VS. MANAGING DIRECTOR [LAWS(JHAR)-2022-4-29] [REFERRED TO]
PUNJAB AGRO INDUSTRIES CORPORATION LTD. VS. MOTA SINGH DEOL AND ORS. [LAWS(P&H)-2011-3-547] [REFERRED TO]
SATYA PRAKASH SINGH VS. DINESH PRAKASH SINGH [LAWS(ALL)-2014-11-114] [REFERRED TO]
VIDYA DROLIA AND OTHERS VS. DURGA TRADING CORPORATION [LAWS(SC)-2020-12-37] [REFERRED TO]
UNION OF INDIA VS. SRI RAMAKRISHNA [LAWS(ORI)-2010-6-8] [REFERRED TO]
ARAVALI POWER COMPANY PVT. LTD. VS. M/S. ERA INFRA ENGINEERING LTD. [LAWS(SC)-2017-9-54] [REFERRED TO]
M/S. VOESTALPINE SCHIENEN GMBH VS. DELHI METRO RAIL CORPORATION LTD. [LAWS(SC)-2017-2-79] [REFERRED TO]
MALU SLEEPER LTD VS. UNION OF INDIA [LAWS(MAD)-2009-11-2] [REFERRED TO]
C. SURESH VS. INDIA CEMENTS CAPITAL AND FINANCE LIMITED AND ORS. [LAWS(KER)-2015-11-125] [REFERRED TO]
SANJEEV KUMAR JAIN VS. RAGHUBIR SARAN CHARITABLE TRUST [LAWS(SC)-2011-10-56] [REFERRED TO]
ENVEE HEADWEAR INDUSTRIES VS. GENERAL MANAGER NORTH CENTRAL RAILWAY GMS OFFICE COMPLEX SUBEDARGANJ ALLAHABAD [LAWS(ALL)-2014-5-271] [REFERRED TO]
AASHIRWAD FOODS AND BEVERAGES VS. ARUNENDRA MOHAN PATHAK [LAWS(MPH)-2010-12-12] [REFERRED TO]
AFCONS INFRASTRUCTURE LIMITED VS. KONKAN RAILWAY CORPORATION LTD [LAWS(BOM)-2013-4-97] [REFERRED TO]
LIBRA AUTOMOTIVES PRIVATE LIMITED VS. BMW INDIA PRIVATE LIMITED AND ORS. [LAWS(DLH)-2019-7-517] [REFERRED TO]
APR CONSTRUCTIONS LTD VS. UNION OF INDIA REP BY CHIEF ADMINISTRATIVE OFFICER (CONST ) SOUTH WESTERN RAILWAY [LAWS(KAR)-2018-8-197] [REFERRED TO]


JUDGEMENT

R. Vs. Raveendran, J. - (1.)The appellant challenges the order of the Delhi High Court dated 27.3.2006 appointing a Retired Judge of the High Court as sole Arbitrator to decide the disputes arising in respect of a construction contract between the Northern Railways (appellant) and the respondent.
(2.)The appellant contends the appointment of arbitrators should be only in accordance with Clause 64 of the general terms and conditions of contract which requires two serving Gazetted Railway officers of equal status being appointed as Arbitrators, one by the contractor from a panel made available by the General Manager of Northern Railways and the other by the Northern Railways, and the two arbitrators so appointed, in turn appointing an Umpire.
(3.)It is true that the Arbitral Tribunal should be constituted in the manner laid down in the Arbitration agreement. Provisions for arbitration in contracts entered by governments, statutory authorities, and government companies, invariably require that the Arbitrators should be their own serving officers. Such a provision has to be given effect, subject to requirements of independence and impartiality. But there can be exceptions and this case which has a chequered history, falls under such exceptions.


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