SINGH ASSOCIATES Vs. UNION OF INDIA

JUDGEMENT

(1.) The instant petition has been filed under Sec. 11 of the Arbitration and Conciliation Act, 1996, seeking appointment of an independent Arbitrator to adjudicate the claims of the petitioner.

(2.) The petitioner, a Partnership Firm which is engaged in the business of construction and undertakes Railway contracts, was awarded the work of 'providing Road Under Bridge ('RUB', for short) of internal size of 5.50m x 3.60m in lieu of level crossing No. D-14 at km 17/5-6 on PTK-JAT sec. under ADEN-JAT' by the Northern Railways, i.e., the Respondent department, vide letter dated September 25, 2013 for ? 2,55,13,333/- with the stipulated time of completion of work of six months, i.e., by March 24, 2014.

(3.) It is stated that the petitioner had made all the arrangements for execution of the work in right earnest but work could not be completed in the aforestated scheduled period due to substantial increase in the scope of work, late decisions, non-approval of drawings and non-grant of permission for pushing and for other reasons attributable to the Respondent department and consequently the work was extended finally up to June 30, 2018 and was successfully completed on June 28, 2018. Thereafter, despite the petitioner reminding the Respondent department about the preparation and payment of the final bill, the Respondent kept on evading on one pretext or the other. However after a considerable lapse of time, the petitioner, upon an enquiry, was told that unless it signs the final bill as well as other documents in advance without protest, the Respondent department would not even release the security deposit and final bill amounts as prepared by the department. In these circumstances, the petitioner, under financial constraints, had to sign the documents desired by the Respondent department.