U.I. CARRIERS Vs. UNION OF INDIA

JUDGEMENT

(1.) This is a petition filed under Section 11 of the Arbitration and Conciliation Act, 1996. Notice in this petition was issued on 29.07.2013. On that date, the respondents were represented by their Advocates. Accordingly, four weeks were granted to the respondents to file a reply. The matter was made returnable today i.e., 03.10.2013. No reply has been filed in the matter.

(2.) It is the case of the petitioner that despite invocation of the arbitration agreement, which is contained in clause 27 of the contract obtaining between the parties, respondents have failed to appoint an arbitrator.

(3.) Briefly, it is the case of the petitioner that against a tender invited for train no.13112 Ex. DLI to KOAA, the petitioner had submitted its bid. Consequent to the submission of the bid, the petitioner was awarded a contract for lease of SLR in the aforementioned train for the period 04.04.2012 to 03.04.2015 at a lease rent of Rs.25,786/- for each journey. In addition to the lease rent, the petitioner was called upon to pay 2% towards terminal development charge.