TCR SELVAM (JV) Vs. UNION OF INDIA; CHIEF ENGINEER (CONSTRUCTION) OFFICE; DEPUTY CHIEF ENGINEER (CONSTRUCTION) SOUTHERN RAILWAY

JUDGEMENT

(1.) The petitioner has filed the present petition under Section 11 (6) of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as 'the said Act') for reference of disputes to arbitration arising from the agreement dated 07.05.2010 for construction of Permanent Divisional Office Building (G+2), Landscaping, Service Road, Compound Wall, etc. including watering and drainage arrangements (PBW Item No.489 of year 2010) at Salem.

(2.) It is the say of the petitioner that the contract was awarded to the petitioner on 05.10.2009 for a sum of Rs.9,55,59,896/- with the original time period stipulated of 18 months requiring the work to be completed by 05.04.2011. The petitioner claims that however, there was delay in handing over the site and that the site was also not in a proper condition. The contract work is alleged to have got delayed and frustrated on account of various defaults of the respondents.

(3.) The petitioner, thus, submits that on account of list of claims which totalled to Rs.5,11,18,835/-, as set out in the list of claims, the petitioner invoked the arbitration clause vide notice dated 16.06.2016. But, no arbitrator was appointed, despite certain interdepartmental communcations.