MOHAN BABU Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioner in this Civil Miscellaneous Petition filed under Section 11(6) of the Arbitration and Conciliation Act, 1996, (for short 'the Act') sought for appointment of an Arbitrator for resolution/adjudication of the dispute, which has arisen in relation to the agreement at. Annexure -B dated 11.6.2012.

(2.) THE petitioner is a contractor engaged in doing project work mainly to Indian Railways. It is contended that the 1st respondent had called for tenders for Ramanagaram -Mysore Section doubling project -earth work in platforms, construction of S & T accommodation, construction of passenger platform, platform pavings, yard drainage, dismantling of existing platforms, passenger amenities & IRS type platform shelter/FOB and dismantling of the existing FOB and other connected works at Chennapatna, Settihalli, Maddur, Hanakere and Mandya railway stations on 17.11.2011 through tender notice. In response to the said notice, the petitioner had submitted his tender on 23.12.2011 and the same was accepted by the 2nd respondent after negotiations.

(3.) SINCE the period had expired on 30.08.2012, the petitioner through letter dated 14.02.2013 while seeking extension upto 30.05.2013, brought to the notice of the respondents the progress of the work as per instructions and directions of the 4th respondent. All of a sudden, on 25.02.2013 the 3rd respondent issued letter to state; that the Section is targeted for CRS inspection by 31.03.2013 and instructed to speed up the work. In response to the said letter, petitioner wrote a letter on 10.03.2013 stating that petitioner had executed the works in Shettihalli and Chennapatna section and the section was opened for traffic with a speed limit of 80 KMPH. In Hanakere and Mandya section, the administration failed to get caution orders in time and did not provide item -wise scope of work and did not furnish drawings.