MOHD IQBAL Vs. UOI

JUDGEMENT

(1.) THIS is a petition under Section 11 (6) of the Arbitration and conciliation Act, 1996; the petitioner seeks reference of disputes to arbitration.

(2.) THE pleadings and undisputed facts are that the petitioner was awarded a work for water supply arrangements including construction of new underground tank and its connection with existing pumps house and other allied works for new washing lines at New Delhi Yard (Lahori Gate Area ). The work order was issued on 14. 7. 2003 by the respondents. The petitioner/contractor was given seven months to complete the work. It is alleged that the consideration agreed was approximately Rs. 17 lakhs per month. The petitioner further alleges that due to fundamental breach of terms of contract, the work would not commence. These acts of omissions and commissions, it is alleged included failure to handover the site of the work and failure to handover the drawings till date etc. In this background, the respondents terminated the contract on 3. 3. 2004 The petitioner sought by a letter dated 17. 5. 2004, compensation of two counts and also cost of litigation/arbitration. The respondent received and acknowledged this letter on 24. 5. 2004 The petitioner sought reference of the disputes to arbitration in accordance with clause 64 of the Agreement/tender condition which binds the parties.

(3.) IT is alleged that the respondents by letter dated 30. 3. 2005 communicated that the General Manager had appointed an arbitral tribunal. Yet the claims sought to be agitated in these proceedings were not referred to the said tribunal.