LAWS(DLH)-1979-4-19

ARUN CONSTRUCTION CO Vs. UNION OF INDIA

Decided On April 09, 1979
ARM CONSTRUCTION COMPANY Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) [Petitioner contracted with Railway for constructing a certain building. Work was completed on 20.9.76. Petitioner was allowed payment of final bill only after he had given 'No claim Certificate' under clause 43 (2) of General Condition of Contract. Petitioner then by letter dt. 31.8.77 asked respondent to appoint an arbitrator and refer to him, his 19 claims. Respondent refused to do this on the plea that petitioner had given 'No claim Certificate' alongwith final bill. Petitioner applied to Court u/s 20 of Arbitration Act. Respondent took the same plea, to which petitioner replied that the certificate was obtained under pressure and that the respondent after the final bill had made certain unjustified deduction.] After above details. Judgment para 3 onwards is:

(2.) UNDER clause 64 of the General Conditions of contract in the event of any dispute or difference arising between the parties as to the construction or operation of the contract or the respective rights and liabilities of the parties or any matter or any'account, the contractor may demand in writing that dispute or difference be referred to arbitration is to specify the matters in question, dispute or difference and only such dispute or difference of which the demand has been made is referred to arbitration. Admittedly on 31st August, 1977 the petitioner required the General Manager, Northern Railway, New Delhi to act as arbitratar or, appoint another person to act as such for adjudication of the 19 disputes mentioned therein which are covered by the arbitration clause.