(1.) The petitioner before this Court was awarded a contract by Bridge, Ropeway, Tunnel and Other Infrastructure Development Corporation Ltd. (BRIDCUL) for construction of "pre-stressed Girder bridge"? of 690 mtrs. over "Chalti"? river between 29.375 to 30.600 of proposed two lane of Tanakpur-Joljibi motor road. The contract was executed on 14.12.2017. The total estimated cost of the project was Rs. 30.83 crores and the project was to be completed within a period of eighteen months. The project was to start by 21.12.2017. The project has admittedly been delayed, for which the reason has been assigned by the petitioner that he was not allotted a suitable place for installation of stone crusher, which was essentially required and the permission was given by the District Magistrate only on 12.02.2019, however, before that the contract has been terminated by the respondents.
(2.) Learned counsel for the BRIDCUL, Mr. Ajay Veer Pundir, would argue that the petitioner has entered into the contract with his eyes open. He was fully conscious of the fact that it was a difficult terrain and if the stone crusher plant could not be installed, the respondents cannot be held responsible for that, and in any case the petitioner could have procured the building material from elsewhere.
(3.) In any case, the contract has an arbitration clause or something similar to an arbitration clause in clause 23.1 to clause 24.4, which are as follows:-