KRISHAN LAL ARORA Vs. UNION OF INDIA

JUDGEMENT

(1.) The above named petitioner (to be referred as Contractor) has filed this petition under Section 20 of the Arbitration Act, 1940 for a direction on the respondent to file arbitration agreement between the parties and to appoint an Arbitrator in terms of arbitration clause 64 of General Conditions of Contract for adjudication of all the claims of the petitioner relating to the contract, broadly indicated in para 11 of the petition.

(2.) The basis of filing the present petition is that the petitioner, vide an agreement No.90-ACs/C/DLI dated 3rd November, 1988, had entered into a contract with the respondent for providing road boundary wall earth work etc. in the store complex of D.S.K.P./C/Store Office at Shakurbasti. The said agreement between the parties contains an arbitration agreement in clause 64 of the 'General Conditions of Contract, Regulations and Instructions for tenderers' and 'Standard Forms of Contract', for settlement of all the disputes/differences arising between the parties through the mechanism of arbitration. The said clause reads as under : Clause 64 Demand for Arbitration: (1)(i) In the event of any dispute or difference between the parties hereto as to the construction or operation of this contract, or the respective rights and liabilities or the parties on any matter in question, dispute or difference on any account, or as to the withholding by the Railway of any certificate to which the contractor may claim to be entitled to, or if the Railway fails to make a decision within a reasonable time, then and in any such case, save the 'excepted matters' referred to in clause 63 of these conditions, the contractor, after 90 days but within 180 days of his presenting his final claim on disputed matters, shall demand in writing that the dispute or difference be referred to arbitration.

(3.) According to the petitioner, disputes/differences arose between the parties and at present petitioner has eight claims against the respondent relating to the said contract.