PRAGATI CONSTRUCTION CONSULTANTS Vs. UNION OF INDIA

JUDGEMENT

(1.) The relief sought in the present petition before this Court is to appoint sole Arbitrator under Sec. 11(6) of the Arbitration and Conciliation Act, 1996 to adjudicate the disputes between the parties in accordance with clause 63 and 64 of the General Conditions of the Contract, 2014.

(2.) It is stated by the petitioner that respondent vide letter dtd. 03.05.2016 had awarded the work of extensive repairs and complete renovation of old washing line nos.3, 4 and 5 including assembling and linking of track and other allied works at Coach Care Centre, Hazrat Nizammuddin at New Delhi. The total cost of work at the accepted rates was worked out at Rs. 12,07,05,992.60/-. The stipulated date of completion of work was 15 months from the date of issuance of acceptance letter. Thus, in the present case, the stipulated date for completion of work was 02.08.2017.

(3.) It is contended by the petitioner that immediately upon the award of work, petitioner fully mobilized at the site and constructed the labour hutments which was duly confirmed vide letter dtd. 07.05.2016 issued to the respondent. During the execution of the work, respondent got various extra items executed at the site but failed to make complete payments towards the work done to the petitioner. Consequently, petitioner could not complete the work within the extended time period due to non-availability of funds by the respondent.