CHERIAN KURIAN Vs. STATE OF KERALA

JUDGEMENT

(1.) These arbitration requests filed under Section 11(6) of the Arbitration and Conciliation Act, 1996, hereinafter referred to as "the Act", are being disposed of by this common order since the parties to these matters are the same, the contentions as regards the requests for arbitration are similar and the requests are made on the strength of identical agreements.

(2.) Agreement No. 5/PD-NH/2000-01 forming the foundation for A.R.28/2003 and Agreement No. 6/PD-NH/2000-01 forming the foundation for A.R.29/2003 were entered into between the applicant and the State of Kerala acting through the Project Director (S.E.), National Highway (ADB) Project Circle, Edappally, Kochi-24, on behalf of the Governor of the State of Kerala, for certain works in relation to N.H.49 - Madura Kochi Road - Special repairs crash programme - Improving riding quality -strengthening the existing surface by providing 50mm BM and 25mm BC. Agreement No. 6 relates to the work between ch. km.261/000 to 274/000 and Agreement No. 5 relates to ch. km. 274/000 to 286/610.

(3.) The contention of the applicant is that though the said agreements were entered into and the work was completed and completion certificate issued, there are disputes between the parties regarding certain outstanding claims of the applicant, the contractor. It is his assertion that the parties have agreed that the arbitration clause as per Ministry of Surface Transport's Letter No. R.W/NH-34041/3/94-DO-III dated 28-9-1994 is applicable to the contracts in terms of the agreements in that regard and that in terms of the said arbitration clause, the matter requires to be referred for arbitration and further that, in view of the failure of the respondents to do so, measure has to be taken in terms of Section 11(6) of the Act.