UNIQUE BUILDERS Vs. UNION OF INDIA AND OTHERS

JUDGEMENT

(1.) The petitioner, a partnership firm, participated in the tender in pursuance to the tender notice dated 13.02.2008 for the following work:

(2.) The petitioner vide letter dated 01.02.2011 sought resolution of disputes to arbitration even during execution of work while reserving the right to modify or add to the claims. On account of lack of response, O.P.No.364 of 2011 was filed making an averment of the continuing project work. In those proceedings, vide order dated 11.11.2011, the first respondent was called upon to appoint the Tribunal in terms of arbitration clause. The Tribunal was, however, belatedly constituted on 15.05.2012. The work is stated to have been completed and the bridge under work was opened for traffic on 15.10.2012 at which time it is stated that the petitioner could formulate the final claims. The petitioner sought new terms of reference containing even the additional claims which the respondent did not oblige. The first respondent, instead, vide letter dated 06.11.2012 furnished a panel of officers to replace the Tribunal s then Presiding Arbitrator and finally constituted a second Tribunal on 27.12.2012 with a new Presiding Arbitrator but without change of the terms of reference. The reminders sent by the petitioner in this behalf were to no avail.

(3.) In the proceedings, on 07.08.2014, the competent officer of the respondents was personally called to be present in Court on 22.08.2014. In order to not further delay the matter, the petitioner is stated to have spontaneously selected the nominees and thus, the Arbitral Tribunal was duly constituted in terms of the final order passed in O.P.No.364 of 2011.