N.K. SHARMA Vs. GENERAL MANAGER NORTHERN RAILWAY

JUDGEMENT

(1.) The present petition under Sec. 11(6) of the Arbitration and Conciliation Act, 1996 has been filed seeking appointment of a Sole Arbitrator to adjudicate the disputes between the parties.

(2.) The disputes between the parties have arisen in the context of a Contract between the petitioner and the respondent for work relating to 'Replacement of Old Washing cum pit line nos. 20 and 21 and building of sewerage disposal arrangement in the Sec. of SSE/W/DLJ under ADEN/DLI'. The said work was awarded to the petitioner by the respondent vide letter of acceptance bearing No. 128-W/269/120/2018-19/W-III dtd. 1/9/2018. A formal agreement bearing no. 26-2018-19 dtd. 28/10/2018 was also entered into between the parties for the work in question. The applicable General Conditions of the Contract ('GCC') contains an arbitration clause (modified Clause 64) in the following terms:-

(3.) Reference would also be apposite to Clause 63 of the applicable General Conditions which is as under:-