TILAK RAJ KATYAL Vs. UNION OF INDIA

JUDGEMENT

(1.) This is a petition under Section 20 of the Arbitration Act filed by the petitioner praying for appointment of an arbitrator for adjudicating the disputes arising between the parties herein. The petitioner was awarded with a work contract by the respondent for providing a Security Wall and Fencing/Gate Hill Mukkunimala at Trivendrum. During the course of execution of the works, certain disputes arose between the parties. The aforesaid disputes/claims of the petitioner which were stated to have arisen have been set out in paragraph 6 of the petition. The petitioner also stated that the contract between the parties contains an arbitration agreement being clause No.17. A copy of the said arbitration clause is also annexed to the petition as Annexure P-5. Since the aforestated disputes have arisen between the parties the petitioner has sought for adjudication of the said disputes through the process of arbitration in terms of clause 17 placed on record.

(2.) During the pendency of the present petition it appears that the respondent has appointed an arbitrator to adjudicate the disputes mentioned in paragraph 6 of the petition except for 2 claims which are claim No.s VI & VII of the claims set out in paragraph 6. The remaining claims have been referred to the arbitrator appointed by the respondents in terms of clause 17 of the arbitration agreement and the same are pending adjudication before the said arbitrator. This petition, therefore, is pressed for by the petitioner seeking for reference of the said two claims which are stated to be disputes arising out of the contract.

(3.) Claim No. vi relates to a claim of Rs. 3,50,000.00 towards loss of damages caused by MES due to prolongation of the contract period, whereas claim No.vii relates to claim for an amount of Rs. 2,00,000.00 towards escalation of material, labour and fuel.