EAGLE - MPCC Vs. GENERAL MANAGER, SOUTH WESTERN RAILWAY

JUDGEMENT

(1.) The petitioner is before this Court praying that the Arbitrator be appointed to decide upon the disputes between the petitioner and the respondents. The case of the petitioner is that an agreement dated 8-3-2011 was entered into between the parties, whereunder the petitioner was required to undertake certain work. In respect of the said contract, certain disputes have arisen. The petitioner contends that the general conditions of contract at Clause 64 provides for settlement of disputes between the parties by way of arbitration. In that regard, the petitioner having invoked the arbitration clause has called upon the General Manager to appoint the Arbitrator. Since, the respondents have not appointed the Arbitrator and not referred the claim made by the petitioner, the petitioner is before this Court.

(2.) The respondents have filed their objection statement. Though with regard to the merits of the contentions which have been put forth by the petitioner it is contended that there is no such dispute, the very manner of justification put forth therein with regard to the nature of the work entrusted and the compliance on behalf of the respondents against the claim made by the petitioner would indicate that there are certain disputes which would have to be resolved by arbitration. Since, those are aspects which require to be considered by an Arbitrator, this Court need not enter upon the merits of the rival claims. Further, in the objection statement it is indicated that the General Manager is prepared to nominate the Arbitrators and it is indicated that in the instant case, two Arbitrators are required to be nominated. To enable this Court to do so, four names have been suggested, out of which two could be suggested as the Arbitrators.

(3.) Keeping in view these aspects of the matter and having heard the learned Counsel for the parties and in consultation with the learned Counsel for the parties, I am of the opinion that it would be appropriate to appoint Sri Manoj Joshi, CWE/SWR/UBL and Sri Raju Kancharia, FA and CAO/WST/UBL as Arbitrators to enter upon reference and adjudicate the disputes between the parties. All contentions including claims as to excepted claims are left open to be urged before the Arbitrators who would consider and dispose of the matter in accordance with law. The Arbitrators shall now enter upon reference, issue notice to the parties and thereafter dispose of the matter in accordance with law. In terms of the above, the petition is disposed of. Registry to return the papers, if any sought for by the learned Counsel for the petitioner.