LAWS(DLH)-2003-10-46

CONTINENTAL CONSTRUCTION LIMITED Vs. CHIEF ENGINEER

Decided On October 22, 2003
CONTINENTAL CONSTRUCTION LTD. Appellant
V/S
CHIEF ENGINEER (CONSTRUCTION) Respondents

JUDGEMENT

(1.) In this petition the petitioner has prayed that the impugned judgment dated 26.11.2001 passed by the learned Single Judge limited to the aspect as to the applicability of the Arbitration Act,1940 be set aside. It is also prayed that an independent and impartial sole arbitrator be appointed. The short controversy involved in this petition is whether in the facts and circumstances of the case whether the Arbitration Act,1940 would be applicable or the controversy is required to be adjudicated by the Arbitration and Conciliation Act,1996.

(2.) Brief facts which are not in dispute are recapitulated as under. The petitioner, M/s Continental Construction Limited entered into a contract for construction of sub-structure including well foundation and prestressed concrete box girders for road upper-structure with contractor's own design in connection with the construction of rail link between Chhitauni (U.P) and Bagah (Bihar). Certain disputes had arisen between the petitioner and the respondent Indian Railways. The General Manager, North Eastern Railways, Gorakhpur did not act upon the petitioner's request for appointment of elected arbitrator. It is prayed that the matter in question is governed by the Act, and ,therefore, the arbitrator as such may be appointed.

(3.) In reply preliminary objection was taken regarding jurisdiction. The Court after scrutinising the various contentions of the petitioner came to the conclusion that this Court has the jurisdiction. The petitioner did not challenge this aspect of the matter in these proceedings. It is clear from the prayer that the only contention raised by the petitioner is that the petition is governed by the Arbitration and Conciliation Act,1996 and not the Arbitrator Act,1940 as observed by the learned Single Judge.