LAWS(DLH)-2021-11-68

GBK PROJECT PVT. LTD Vs. UNION OF INDIA

Decided On November 22, 2021
Gbk Project Pvt. Ltd Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) By Way of present petition, petitioner is seeking appointment of an independent Arbitrator under the provisions of Sec. 11 of the Arbitration and Conciliation Act, 1996 read with Sec. 151 CPC.

(2.) Petitioner-company claims to be involved in the business of construction and Railway contracts, who vide acceptance letter dtd. 26/9/2016 of respondent was awarded work pertaining to "Balance work of quarters at Asoati Faridabad, construction of station building, power cabin, RRI and other station building, extension of platforms, retaining wall, development of circulating area, drainage arrangements in yards and other allied works at different location in between AST and Jn cabin TKD in C/W 4th line" for Rs.12,64,61 ,022.97 (Rupees Twelve Crore Sixty Four Lac Sixty One Thousand Twenty Two and Ninety Seven Paise only). The work was to be completed within stipulated period of 15 months i.e. 25/12/2017.

(3.) According to petitioner, petitioner had made all necessary arrangements, however, work could not be completed by the stipulated time i.e. 25/12/2017 due to several failures on the part of the respondent and so, the period for completion of work was last extended upto 1/12/2019. However, during execution of the work, various claims, clarifications and disputes arose between the parties, which were brought to the notice of concerned department of respondent, but instead of finding out any solution and acting oblivious to the genuine difficulties faced by the petitioner, respondent issued several notices to the petitioner with a view to escape/wriggle out from its contractual obligations and vide notice dtd. 23/9/2019 the respondent terminated the contract.