TANTIA-CCIL (JV) Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner (hereafter "TCJV") has filed the present petition under Section 11 of the Arbitration and Conciliation, Act, 1996, inter alia, praying that a Sole Arbitrator or a panel of three Arbitrators be appointed to adjudicate the disputes between the parties.

(2.) TCJV is a joint venture between M/s Tantia Constructions Ltd. and Continental Construction Infrastructure Limited for construction of 1.80 kms. long tunnel on realigned path in Udhampur-Katra Section in connection with Udhampur-Srinagar-Baramulla Rail Link Project. The tender for the aforesaid works were invited by the respondent in Udhampur and in response thereto TCJV submitted its tender. The said tender was accepted, and the respondent communicated the acceptance to TCJV by its letter dated 04.01.2010. Subsequently, a formal contract was executed between the parties on 02.03.2010.

(3.) The General Conditions of Contract (hereafter "GCC") - which is, admittedly, a part of the contract between the parties - includes an arbitration clause. The said clause is set out below:-