BSCPL INFRASTRUCTURE LTD Vs. UNION OF INDIA

JUDGEMENT

(1.) Petitioner- M/s BSCPL Infrastructure Ltd. has preferred the present petition under Section 11 sub-section (6) of Arbitration and Conciliation Act, 1996 seeking appointment of an Arbitrator to settle the disputes with respondents, as mentioned in Para-7 of the present petition. A direction is also sought to respondents to produce original Agreement dated 31.03.2017.

(2.) The crux of the case in hand, according to petitioner, is that on 15.02.2017, respondent No.1- Chief Engineer (AF) WAC invited applications from the Contractors for issue of tender for the work relating to "Resurfacing of Runway and Aircraft Operating Areas at AF Station Chandigarh" and vide letter dated 15.02.2017, authorized the petitioner to tender for the above work and thereafter, petitioner submitted the tender. Respondent No.1, Accepting Officer, for and on behalf of President of India, vide letter No.83022/CHD/283/E8 dated 31.03.2013 issued by their Chief Engineer, communicated the petitioner that its tender had been accepted for a contract sum of Rs.433,92,71,325.30. The period fixed for completion of the work was 28 months commencing from 05.04.2017 and ending with 04.08.2019.

(3.) In the meanwhile, the parties entered into amendment No.2, dated 29.03.2019 2019 to the aforesaid Agreement dated 31.03.2017 for referring the matters in dispute in the first place to the Dispute Resolution Board (DRB) by incorporating a Condition 50 "DISPUTE RESOLUTION BOARD (DRB)'" as part of Special Conditions. The Contract in Condition 70 of the General Conditions of Contract contained in I.A.F .W.-2249 provides for settlement of disputes by arbitration.