KAMATCHI AMMAN CONSTRUCTIONS Vs. DIVISIONAL RAILWAY MANAGER/WORKS PALGHAT DIVISION SOUTHERN RAILWAY PALGHAT

JUDGEMENT

(1.) THESE intra-Court Appeals are preferred against the common order made in O. P. Nos. 446/2002 and 78/2003, dismissing the original Petitions filed under Section 34 of the Arbitration and Conciliation Act.

(2.) BOTH the appeals arise out of common order. Since common points fall for consideration, both the appeals were heard together and disposed of by this common Judgment. For convenience, M/s. Sree Amman Constructions is referred as Claimant/contractor and the Railway Administration/department is referred as 'railway'.

(3.) BRIEF facts which led to the arbitration are as follows :-The Southern Railways called for tenders on 01. 06. 1995 in respect of the work "jtj-ED Section : contractor 12. 54 Kms. CTR of Exg. 90r/52 kg. Railways laid on CST. 9/wooden sleepers to 11. 7 density with now 60 Kg/52 Kg. Rails on PSC Sleepers with elastic fastening between Km. 219/31-231/3- U/l with PQRS equipment". Contractor submitted its quotation for the above said work and the same was accepted by the Railway. Formal Agreement was entered into with the Railway bearing No. J/487/95 on 06. 11. 1995 with the currency period of three months from 26. 10. 1995 to 25. 01. 1996 for execution of work in Jolarpet-Erode Section CTR for 12. 54 Km ? work described above. The total value of the work was Rs. 17,32,010/ -. The schedule consisted of 21 non-schedule items - items 2, 9, 12 and 19 were optional. Four extensions were given for completion of work ? the first extension up to 31. 03. 1996 and 2nd extension up to 31. 05. 1996, the third extension up to 31. 08. 1996 and the 4th extension up to 31. 03. 1997. Rider Agreements were executed for the same by the Contractor with the Railways.