ADVANCE STRUCTURALS PRIVATE LIMITED Vs. UNION OF INDIA

JUDGEMENT

(1.) This is a petition filed by the petitioner under Section 11 of the Arbitration and Conciliation Act, 1996, against the respondents praying for appointment of an arbitrator for adjudicating the dispute's arising between the parties.

(2.) On 31st January, 1992, a tender was f1oated by the General Manager, Electrification, Allahabad, in response to which the petitioner submitteid his tender which was accepted by the General Manager, Railway Electrification,, Allahabad, on 24th July, 1992. The aforesaid acceptance letter is dated 24th July, 1992 and the same is annexed as 'Annexure 1' to the reply submitted by the respondents.

(3.) An agreement was entered into between the parties for commissioning of 5 tonne capacity Diesel Hydraulic Cranes 3 numbers. The said Agreement was signed at Allahabad. In the petition it is stated that disputes having arisen between the parties while executing the aforesaid contract, the said disputes are required to be adjudicated upon and decided by appointing an arbitrator. It is also contended that the work was executed at Tughlakabad Railway gravel siding, New Delhi, and that the parties reside and work for gain at Delhi and that the respondents also have their office at Delhi and, therefore, this Court has territorial jurisdiction to try and decide the present petition.