RAKESH KUMAR AND COMPANY Vs. UNION OF INDIA

JUDGEMENT

(1.) This appeal under Section 37 of the Arbitration & Conciliation Act, 1996 (hereinafter referred to as the 'Act') impugns order dated 05.03.2014 passed under Section 34 of the Act whereby the learned Single Judge has set aside the award with regard to Claims No.1 and 3(b) and has remitted the same to the Arbitral Tribunal. The award with regard to the other claims has been upheld. The respondents have not filed any appeal or cross objections impugning the dismissal of the objections with regard to the other claims.

(2.) The appellant was awarded the contract for construction of RCC/MCC of Sub-structure on well foundation/open foundation along with the miscellaneous protection works of various bridges between Madhopur Punjab (MDPB) Budhi Station of Ferozepur Division in connection with doubling of JUC-PTK-JAT Section.

(3.) The Claim No.1 was in respect of the work involving sinking of wells. The dispute, as raised before the Arbitral Tribunal, was whether the said work was covered by NS Item No.6 or NS Item No.7 of the BOQ (Bill of Quantities). The Arbitral Tribunal has held that the work carried out by the appellant was covered under NS Item No.6 and not under NS Item No.7 as contended by the respondents. The scope of work under NS-6 and NS-7 was different and the rates for NS-7 were lower than the rates for NS-6. The appellant had claimed the rates for work under NS-6 and the respondent had sanctioned the same under NS-7.