G A SRIDHAR Vs. UNION OF INDIA; CHIEF ENGINEER (CONSTRUCTION), SOUTHERN RAILWAY, CONSTRUCTION BRANCH; DEPUTY CHIEF ENGINEER (CONSTRUCTION-MAS), SOUTHER RAILWAY; P K MISHRA (PRESIDING ARBITRATOR), CHIEF ADMINISTRATIVE OFFICER (CONSTRUCTION), SOUTHERN RAILWAY

JUDGEMENT

(1.) The respondent-Southern Railway called for a tender for the work in Chennai-Gudur Section as part of Third Line between Korukkupet and Athipattu Stations.

(2.) The petitioner submitted the tender, which was accepted by the respondent-Southern Railway vide Letter of Acceptance dated 15.12.2005 and subsequently, an agreement was executed on 18.05.2006 for the value of the contract at Rs.4,11,70,610/-.

(3.) It is the case of the petitioner that the contract was delayed and frustrated due to various factors. But on the other hand, the Contract Operating Authority, treated it as "contract mismanagement" by the petitioner and issued the termination order dated 12.02.2008. The petitioner, thus, approached this Court by filing Application No.3222 of 2008 under Section 9 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to "the said Act"), where all the proceedings vis-a-vis by the respondent-railways were stayed and that the order was directed to be continued till the disposal of the arbitration proceedings.