TALUPULA ENGINERING COMPANY Vs. UNION OF INDIA

JUDGEMENT

(1.) HEARD Mr. U. N. Sharma in support of this petition. Mr. S. P. Singh appears for the respondents.

(2.) THE petitioners are contractors who had entered into an agreement with the respondents-Railways on 21. 2. 2005 for constructing a Bridge in Andhra Pradesh. It is their case that a cyclone took place between September to December, 2005, because of which, the work could not be proceeded. They invoked the (Force Majeure) Clause on 7. 11. 2005 to point out their difficulties. On 19. 7. 2006, they terminated the contract. The actual quotation of the claim was done on 25. 7. 2006 as amounting to Rs. 3. 5 crores.

(3.) THE present Arbitration Application under section 11 (6) of the Arbitration and Conciliation Act, 1996 has been filed on 17. 8. 2006. It is submitted that inasmuch as the demand for appointment of the Arbitrator was made and the Arbitrator was not appointed within 30 days, this Court should appoint the Arbitrator as sought by the petitioners.