ARVIND KUMAR JAIN Vs. UNION OF INDIA

JUDGEMENT

(1.) The present petition filed under Section 11 of the Arbitration and Conciliation Act , 1996 (hereinafter referred to as Act) seeks appointment of an Arbitrator for adjudication of the disputes and differences that have arisen between the parties herein pertaining to the provision and laying of sewer line along the railway boundary at Km 292/15 to 294/15 on DLI-BTI section under ADEN/JHI, which contract of work was awarded to the petitioner vide Acceptance Letter dated 15.12.2011.

(2.) Upon disputes having arisen, the petitioner vide its letter dated 3.9.2019 invoked the arbitration clause contained in paragraph 64 of the General Conditions of the Contract(GCC) signed between the parties, which reads as under:-

(3.) On receiving the petitioner's request for appointment of an Arbitrator, in accordance with the GCC, the respondent, vide its reply dated 19.09.2019, did not deny that disputes had arisen between the parties but requested the petitioner to agree for a waiver of Section 12(5) of the Act. In essence the petitioner wanted the respondent to agree to the appointment of a Gazetted Officer(JAG/SAG) of the respondent/Railways as the arbitrator by waiving Section 12(5) of the Act.