BALAJI BUILDERS Vs. UNION OF INDIA & ORS.

JUDGEMENT

(1.) This petition is filed, under Section 11(6) of the Arbitration and Conciliation Act, 1996. The facts leading to filing of this petition can be summarized as follows:--

(2.) Suffice it to note that the entire project was to be completed on or before 28.8.2010 i.e., within a period of six months from the date of acceptance of the tender. It is noticed that there were five extensions. Four extensions without penalty and one extension was with penalty of Rs. 1,00,000/-.

(3.) It is the case of the petitioner that he completed the said work within the extended period. The petitioner was required to submit his final bill and sought for release of security deposit and other amounts, which he was entitled to. The petitioner was also required to give a no claim certificate, which according to the petitioner was given. The respondent No. 3 accepted the bill, but however, declined to grant certain reliefs, which are in the nature of claims and damages. The petitioner issued a notice on 21.2.2011 invoking the arbitral clause at Clause 64 of the General Conditions of the Contract to resolve the dispute between the parties. It is the case of the petitioner that the said notice was issued under Clause 63 of the General Conditions of the Contract. The said request for referring the matter to the arbitral Tribunal was rejected pursuant to Annexure-J.