TEXMACO LIMITED Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS is a petition under Sections 8 and 20 of the Arbitration Act, 1940, for direction that the arbitration Agreement contained in Contract No.NG/CPG/MC/S-G/2/AGLT dated 8/1/1983, be filed in this Court and respondent be directed to give a panel of three persons, from whom the petitioner may choose as the sole Arbitrator,within such time, as may be fixed and the disputes and differences, set out in paragraph 25 of the petition, be referred to the said sole Arbitrator, in accordance with the arbitration clause.

(2.) THE petitioner is a company, incorporated under the Companies Act, having its registered office at Belgharia,Calcutta. Shri P.K.Ray is the General Manager (Marketing-Structural ) of the petitioner and fully conversant with the facts of the case. It is contended that he was authorised to institute the present suit and sign and verify the pleadings by a Power of Attorney dated April 24,1989. THE Government of India through its agent National Hydro-electric power Corporation Limited, (hereinafter referred to as NHPC), a company wholly owned by the Government of India, issued a notice No. NH/CPG/MC/ S-G/2 dated June 21, 1982, inviting tender for design, fabrication, supply, erection and commissioning of spill way radial gates, hoists, stoplogs, draft tube gates and gantry cranes for Salal Hydro-electric project, Jyotipuram. THE tenderers were to submit technical data in the prescribed proforma and specifications as also tonnage of basic steel materials in different sections of the aforesaid work, along with the tender. THE petitioner has submitted that in response to the aforesaid notice inviting tenders, the petitioner as also other parties submitted their respective tenders. THE petitioner also submitted the required design calculations and technical data sheets, drawings along with their bids in accordance with the tender notice requirements.

(3.) THE relevant clauses of the contract, may be reproduced as follows: