S.S. ENGINEERS Vs. UNION OF INDIA

JUDGEMENT

(1.) A petition under Sec. 11 of the Arbitration and Conciliation Act, 1996 read with sec. 151 CPC has been filed on behalf of the petitioner for appointment of independent arbitrator.

(2.) The facts in brief are that Sh. V.K. Kapoor, sole proprietor of the petitioner firm was awarded work pertaining to "Construction of Limited Height Subway of RDSO design, RCC boxes by cut and cover methodology in lieu of level crossing no. 2, 3 and 5 Garhi Harsaru Jn to Faruukhnagar Sec. " vide acceptance letter dtd. 11/3/2016 for Rs.5,00,37,709.61. The stipulated date of completion of 12 months from the date of awarding the work i.e the work was to be completed by 10/3/2017. The respondent did not show any seriousness and neither proper site was handed over nor the drawings/ requisite instructions were given to the petitioner for execution of work despite several requests. Despite these difficulties, work was successfully completed by the petitioner on 30/6/2018. The petitioner submitted the final bills, but the respondent kept on evading on one pretext or the other. The petitioner was coerced into signing the final bill as well as other documents in advance without protest and tender "No Claim Certificate" or else the respondent refused to give anything and release the security amount and the final bill amounts as prepared by the Department. The petitioner under immense coercion and pressure signed the final bill and other documents, though he placed the facts on record vide his letter dtd. 10/7/2019. The final bill was prepared by the respondent Department but it did not include any of the claims for various items executed by the petitioner. Left with no option, the petitioner vide letter dtd. 24/7/2019 invoked the arbitration clause as contained under clause 64 of the General Conditions of the Contract applicable to the parties and sought the dispute to be referred to the arbitration.

(3.) The respondent vide its letter dtd. 5/8/2019 referred the letter to the concerned Department but no response has been received till date. The petitioner has raised a claim of Rs.2,03,24,468.00 and has sought the appointment of an independent arbitrator for adjudication of his claim.