KSC CONSTRUCTION CO Vs. UNION OF INDIA

JUDGEMENT

(1.) This petition under Section 11 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the Act) has been filed seeking appointment of an Arbitrator for adjudicating the disputes that have arisen between the parties in relation to the work pertaining to Construction of Limited height subway in lieu of U/M L-Xing no. C-95 at Km. 106/2-3 and C-98 at Km. 108/9-109/0 on DLl-BTl section under ADEN/JHl by cut and cover method was awarded to the petitioner on 1 st October, 2014 for Rs.2,86,93,655/-.

(2.) The agreement between the parties has an arbitration agreement in form of clause 64 of the General Conditions of Contract, 2010, which is reproduced hereinbelow:

(3.) Counsel for the petitioner submits that though in the petition it has been mentioned that the claim of the petitioner would be Rs.1,05,82,063/-, in fact, the petitioner would be confining his claim to an amount of Rs.99 lacs. He submits that in view thereof, Clause 64 (3)(A) (i) would be applicable and a Sole Arbitrator would have to be appointed for adjudicating the dispute between the parties. Counsel for the respondent does not deny that there has been an amendment in this clause and the figure of Rs.10 lacs has been substituted by Rs.1 crore.