SARVESH CHOPRA Vs. GENERAL MANAGER NORTHERN RAILWAYS

JUDGEMENT

(1.) -The petitioner was granted by respondent No. I work of construction of bored piles 500 mm dia by cast in Situ method for widening and raising of Pul Mithai (S) by agreement dated 27th April. 1985. The petitioner claims that the contract contains an arbitration clause 64(3)(a) whereunder matters in dispute or difference between the parties are to be referred to arbitration. The disputes of which reference is sought are set out in letter dated 31st March, 1986 (Annexure 'A' to the petition).

(2.) THE respondent is contesting the claim of the petitioner particularly in regard to claims No. 3 to 6. THE case of the respondent is that the said claims are not liable to be referred to arbitration in view of clause 63 of the General Conditions of Contract read with the Special Conditions of Contract. THE respondents have not pleaded that claims No. I and 2 are 'Excepted Matters' under clause 63 and there is no opposition to reference to arbitration being made in respect of these claims No. I and 2. With regard to claims No. 3 to 6, reliance is placed on clause 63 which reads as under: "All disputes and differences of any kind whatsoever arising out of or in connection with the contract, whether during the progress of the work or after its completion and whether before or after the determination of the contract, shall be referred by the Contractor to the Railway and the Railway shall within a reasonable time after receipt of the contractor's representation make and notify decisions on all matters referred to by the contractor in writing, provided that matters for which provision has been made in clauses 18, 22(5), 39, 45(a), 55, 55-A(5), 61(2) and 62(1) (xiii)(B)(a)(b) of the General Conditions of Contract or in any clause of the special conditions of the contract shall be deemed as "excepted matters" and decisions thereon shall be final and binding on the contractor provided further that "excepted matters" shall stand specifically excluded from the purview of the arbitration clause and not be referred to arbitration".