VIJAY CONSTRUCTION CO Vs. UNION OF INDIA

JUDGEMENT

(1.) THESE are 2 petitions moved u/s 20 of Arbitration Act for getting disputes under contracts no. 41 dt. 13.8.73 & no. 69 dt. 11.12.72, referred to arbitration. According to petitioner it duly executed the contracts but several of its claims have not been paid for nor finally settled. There are said to be differences between parties on those claims.

(2.) FROM the side of the respondents, it has been asserted that several of the disputes raised are excepted matters covered by Clause-63 of the General Conditions of Contracts, Regulations and Instructions applicable to such contracts. Such excepted matters, it is urged, were determinable by the engineer or other officers attending to the contracts on behalf of the Railways. It is pleaded that such matters cannot be referred to arbitration.