V.G. GOKHALE Vs. THE CHIEF ENGINEER

JUDGEMENT

(1.) A petition u/S 11 of the Arbitration & Conciliation Act, 1996 by a contractor who had undertaken to execute certain works in favour of the respondent-Chief Engineer, South Central Railway, and his colleagues in the Railway Department in terms of an agreement dated 20.06.2008. It appears the execution of the work by the contractor was not the satisfaction of the client and the Railways terminated the contract as per notice 05.02.2009 after the same was preceded by a 7 days notice issued on 24.01.2009 and a 48 hours notice issued on 03.02.2009. The contractor responded to the termination, disputing the same as per his communication dated 22.09.2009, copy produced at Annexure-R to the petition and also called upon the respondents to appoint an Arbitration Tribunal in terms of Clause 64 of the General conditions of the contract, to adjudicate the claims of the contractor raised in his communication dated 22.09.2009.

(2.) The Respondent-Railways replied as per communication dated 16.08.2010, copy produced at Annexure-V to the petition, pointing out that the demand for appointment of Arbitrator was also not justified in terms of the contract and therefore did not choose to act on the request of the contractor.

(3.) A further reminder by the contractor as per his communication dated 22.09.2010, copy produced at Annexure-W having elicited the response of letter dated 11.01.2011, copy produced at Annexure-A apprising the contractor that the subject matter of the dispute as indicated by the contractor were out of the scope for arbitration being excepted matters as per clause 62 of the G.C.C, there was no scope for referring the matter to the Arbitrator and having declined the request for referring the matter to the Arbitration Tribunal, the present petition by the contractor seeking the following reliefs.