THDC INDIA LTD. Vs. JAIPRAKASH ASSOCIATES LTD.

JUDGEMENT

(1.) Background facts

(2.) By a letter of intent dated 15 th December 1998 the Petitioner awarded the work of construction of chute and shaft spillways at Tehri for its Tehri Hydro Dam Power Project to the Respondent. This was followed by an agreement entered into between the parties on 28 th December 1998. The contract was priced at Rs. 474,81,53,760. The Start Date was 29 th December 1998 and scheduled date of completion was 28 th June 2003.

(3.) Clause 60.0 of the General Conditions of Contract ('GCC') provided for a dispute resolution mechanism wherein in the first place the dispute or difference was to be resolved by the Engineer-in-Charge failing which the contractor could appeal to the Chairman, THDC who would constitute a committee to resolve the dispute with the General Manager, THDC being its convener. The failure of the Committee to give a decision would give the contractor a right to seek reference to arbitration.