ANAND KUMAR JAIN Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS is a petition u/s 20 of the Arbitration Act for directing the respondents to file the arbitration agreement and to refer the disputes mentioned in this application to arbitration.

(2.) IT is not in dispute that an agreement was entered into between the parties in respect of some civil works which the petitioner was to carry out. According to the petitioner he completed the work, but there were some breaches which was committed by the respondents. IT is further alleged that the respondents illegally and arbitrarily cancelled the contract on 9.8.82. The respondents state that the contract was cancelled on 22.7.82. Nothing will turn on this. IT is further alleged by the petitioner that he had approached the respondents for the release of his lawful and legal dues, that it was made clear that in case the Deptt. did not accede to the request then the matter should be referred to arbitration.

(3.) THE aforesaid types of disputes arid differences are to be referred unless, of, course, they fall within the .category of 'excepted matters'. THE provisions of cl. 64 are not subject to cl. 63. Cl. 64 does, however, state that disputes which come within, the category of 'excepted matters' will not be referred and, furthermore, the contractor is to demand in writing that the disputes be referred and this demand is to be made after 90 days but within 180 days of his presenting the final claim on disputed matters.