LAWS(KER)-2005-3-40

DIVISIONAL RAILWAY MANAGER Vs. WEST COAST AGENCIES

Decided On March 16, 2005
DIVISIONAL RAILWAY MANAGER (WORKS), SOUTHERN RAILWAY, PALAKKAD Appellant
V/S
WEST COAST AGENCIES Respondents

JUDGEMENT

(1.) This Writ Petition is filed challenging Ext.P10 Order dated 23rd July, 2004 passed in A.R.No. 51/2003, an order issued on an Arbitration Request made under Section 11 of the Arbitration and Conciliation Act, 1996, hereinafter referred to as 'the Act' for short.

(2.) Notice before admission was ordered in this matter. Respondents have entered appearance. We have heard the learned counsel for the parties.

(3.) The writ petitioner, the Divisional Railway Manager (Works), Southern Railway, Palakkad, acting on behalf of the Railways, entered into an agreement with the 1st respondent herein whereby the 1st respondent agreed to undertake the work of "transportation of 52 P.S.C. Sleepers from the Bommidi Sleeper Factory, unloading at site, and spreading near Track between K.M. 393.87 and 411.737". The total value of the work was Rs. 19,33,295/-. It is stated that the writ petitioner terminated the contract at the risk and costs of the 1st respondent as per an order dated 17.2.1999.