H K DHRUVA Vs. UNION OF INDIA

JUDGEMENT

(1.) Shri H. K. Dhruva, applicant party-in-person has filed this Civil Revision Application under Sec. 115 of the Code of Civil Procedure challenging the judgment and order dated 6th November, 1989, passed by the learned Judge, City Civil Court, Court No. 10, Ahmedabad, whereby Hon'ble Court has been pleased to dismiss the Miscellaneous Civil Application No. 386 of 1986 along with two other Miscellaneous Civil Applications. The said Misc. Civil Application No. 386 of 1986 was filed by the applicant under Secs. 8 and 9 of the Arbitration Act, 1940 (to be referred to hereinafter as 'the Act') for appointment of an Arbitrator. That application was filed for the purpose of seeking reference to appoint the two persons as Joint Arbitrators as the terms of notice of applicant under Sec. 8 of the Act or any other persons of Hon'ble Court's choice to work as Joint Arbitrators for resolving the disputes of the parties.

(2.) The facts giving rise to this application are as under :

(3.) The applicant is a Contractor and carries on his business of contracts on and from his office situated at A-2, Kahannagar, 7-Panchnath Plots, Rajkot. The Union of India through the Western Railway through General Manager, Western Railway, Churchgate, Bombay invited the tenders for the work of construction of signal cabins at Rajkot Yard in Hapa in connection with conversion project. The applicant submitted his tender for the same along with other tenderers. The Engineer-in-Chief, Western Railway, Ahmedabad, accepted the tender of the applicant at 424% Above the Schedule of Rates applicable to Rajkot Division on 2-5-1979. and in pursuance to the said acceptance a Contract Agreement being No. RJT/W/CA/149 dated 15-6-1979 was executed between the applicant and the opponents. As per the express condition of the Contract the work was to be completed on or before 1-10-1979, but the same was not completed within the stipulated time-limit, and difference and dispute arose between the parties. It was the contention of applicant that work was delayed due to the fault of the opponents, the applicant completed all the works allotted to him thoroughly and to the entire satisfaction of the opponents and handed over the same to the opponents on completion. The applicant contended that the opponents failed to make correct, proper, full and valid payments to the applicant for all the works carried out by him as per their directions. The applicant demanded the payment of his dues from the opponents, but the opponents refused to make the payment. As per Western Railway's printed booklet 'General Conditions of Contract' forms the part of the Contract and Clause No. 62 which provides matters finally determined by the Railway, and Clause 62 and 63 which provides demand for arbitration, reads as follows :-