C SUBBA REDDY Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner has filed the present CMP under the provisions of Section 11(6) of the Arbitration and Conciliation Act, 1996 to appoint the sole arbitrator to resolve the dispute and outstanding dues between the parties in accordance with the agreement of works dated 24.09.2009, entered into between the parties.

(2.) It is the case of the petitioner that respondent No.2 had called for tender vide Tender notification dated 26.06.2008 Item No.4 for SBC Division - Construction of new station building on second entry of Bengaluru City Railway Station. In response to the said notice, the petitioner had submitted his tender on 19.09.2008. Respondent No.2 - the Divisional Railway Manager has accepted the petitioner's offer through a letter of acceptance dated 19.09.2008. In terms of the said acceptance letter, approximate value of the work was Rs.1,39,87,877/- and the work should be completed within eight months reckoned from the date of acceptance letter i.e., the work should be completed on or before 18.05.2009.

(3.) On 24.09.2009, both the parties have entered into an agreement. The Indian Railways Standard General Conditions of Contract and the Special Conditions and Specifications of Contract appended to the agreement to govern the contract, clauses 63 and 64 of General Conditions of Contract contemplate resolution of disputes through arbitration.