KRISHNA KUMAR MADHOK Vs. UNION OF INDIA

JUDGEMENT

(1.) JUDGMENT , J.

(2.) M/s. Krishan Kumar Madhok, Engineers and Builders have filed a petition under Section 20 of the Arbitration Act seeking direction for filing the arbitration agreement in the court and reference of the disputes between the parties to arbitration. It is averred in the petition that in the year 1980 the respondent started the work of (construction of National Museum, Phase II, Janpath, New Delhi) through the agency of a contractor. The work went on for 2 years when the contract was rescinded. In response to fresh tenders in September, 1983 the work was allotted to the petitioners. The work was to commence on 21-3-1984 and was to be completed by 20-9- 1985. Under the terms and conditions of the contract the respondent had to make available the site and also supply drawings of the items of work covered by the contract and had to be done by the contractor. As claimed time was the essence of the contract. The respondents did not fulfil their obligations as the drawings, materials and site was not given in accordance with the terms of the contract. The contract contains an arbitration clause Certain disputes such as short payment for the monumental/decorative stone work which was an item substituted for the agreement item of stone work in plain ashlar ;non-payment of increased price of steel; non-payment of increased price of wood and interest on amount not paid, which had arisen between the parties while the work was going on were referred to the sole arbitration of Shri G.P, Singhal, of the Ministry of Urban Development, Government of of India, New Delhi. The reference is claimed to be still pending. It is further alleged that the respondent continued in its failure to perform its contractual obligation and the petitioner was prevented from completing the work in time. The causes of delay attributed to the respondents are that the cement and drawings for terrace, floor slab, beams triangular portion of the building were not supplied, when terrazo tile flooring had partly been executed, remaining flooring work was stopped on the ground that it had been decided to substitute marble for terrazo tiles. Building plans were not got revalidated from Municipal Committee ; approach of the petitioner's workers to the site of work was stopped either on account of Republic Day Celebrations or some conferences ; false ceiling has also not allowed to be proceeded with. The petitioners expressed their willingness to carry out the work according to the changed specifications provided they were compensated for it in accordance with the terms of the contract.