NELLAI CONCRETE PRODUCTS & CONSTRUCTION CO (P) LTD Vs. UNION OF INDIA; CHIEF ENGINEER (CENTRAL) CONSTRUCTION/STORES; DEPUTY CHIEF ENGINEER CONSTRUCTION

JUDGEMENT

(1.) The petitioner entered into a contract with the respondents for manufacture and supply of 100 sets of Pre-stressed Mono-block Concrete Sleepers, vide agreement dated 10.9.2013, being the successful tenderer. The respondent is stated to have issued a letter dated 11.09.2013, specifying the conditions regarding the delivery and inspection. However, certain disputes are stated to have arisen in respect of the terms of the contract, that resulted in the petitioner invoking the arbitration clause in the agreement inter se the parties, vide letter dated 23.01.2014.

(2.) We may note that earlier there was some confusion about the relevant clause of the arbitration, but that stands clarified. The clause governing the parties is 2900 of the Indian Railways Standard Conditions of Contract. The relevant portion reads as under:

(3.) The Arbitrator was appointed by the respondent only on 07.08.2014, after filing of the present petition by the petitioner under Section 11(6) of the Arbitration and Conciliation Act, 1996.