COASTAL ENGINEERING, KONTHURUTHY Vs. SOUTHERN RAILWAY

JUDGEMENT

(1.) These Arbitration Requests have been referred to the Division Bench by the learned Single Judge. The respective applicants have filed the Arbitration Requests beyond 30 days from the demand, to appoint an Arbitrator and before the expiry of the period provided by the General Conditions of Contract. The common respondents are the General Manager, Southern Railway and other Railway officials.

(2.) We will refer to the bare facts necessary for the disposal of the Arbitration Requests and A.R. No.28/2013 is taken as the leading case. The respondents tendered the work, viz. "bulk right for commercial publicity for the notified area and media" at different railway stations under the Southern Railway, Kollam Junction, Ernakulam Junction and Thrissur Railway Stations. Exts.A1 to A3 are the agreements executed by the petitioner and the fourth respondent dated 26.10.2011. Clauses 26 and 27 are relevant in the context of the issues raised in these cases. Clause 26 is extracted below:

(3.) According to the petitioner, what is relevant is only clause 26 whereas the respondents have taken a stand that the relevant clauses contained in the general conditions of the contract concerning arbitration are also relevant.