LAWS(DLH)-2005-9-5

MAHAVIR PRASAD Vs. UNION OF INDIA

Decided On September 29, 2005
MAHAVIR PRASAD GUPTA Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) The petitioner, above named, has filed this petition under Section 20 of the Arbitration Act, 1940 (in short "The Act" for a direction on the respondents to file the arbitration agreement in the Court and thereafter to make an order of reference of the claims/disputes detailed in para 10 of the petition through arbitration in terms of Clause 64 of the General Conditions of Contract.

(2.) The petition has been made with the averments and allegations that the petitioner is a Government contractor and was awarded the work contract vide letter No. 74-W/GC/38/WA dated 24.4.1995. Disputes/differences arose between the parties in relation to the said work contract. The contract is governed by the General Conditions of Contract and Special Conditions of Contract. Clause 64 of the General Conditions of Contract provide for the settlement of disputes/differ- ences between the parties through the mechanism of arbitration. According to the petitioner, the petitioner has total 12 claims against the respondent as set out in para 10 of the petition.

(3.) The petitioner approached the respondent for payment of the said amounts or to appoint an Arbitrator for settlement of the said claims but to no avail, hence, this petition.