TODARMULL BALCHAND SUNTWAL Vs. SOUTH EAST CENTRAL RAILWAYS

JUDGEMENT

(1.) Since common question of law and fact is involved in these two arbitration applications, both the applications were clubbed together and they were heard together and are being disposed of by this common order.

(2.) These are the applications for appointment of arbitrator, under Section 11(6) of the Arbitration and Conciliation Act, 1996 (for short, 'the Act').

(3.) South East Central Railway (SECR), the non-applicant herein, invited bids for construction of 64 units Type-II quarters, one unit Type-IV quarter, drain, road, dismantling of buildings and other allied and miscellaneous works along with related electrical general works in connection with replacement of quarters Type-I 64 units with Type-II 64 units and Type-IV one unit at Durg. The applicant's bid was accepted and ultimately, an agreement was executed between the parties on 26-4-2011 for execution of work. The work was executed and certain disputes arose during the course of execution of work, between the parties which were not settled amicably and accordingly, the applicant made an application requesting the non-applicant for appointment of arbitrator on 19-11- 2016 which was not done and the non-applicant insisted for waiving off the applicability of Section 5 of the Act. Upon failure on the part of the non-applicant SECR, the applicants have filed these applications under Section 11 (6) of the Act for appointment of arbitrator.