K.R.TRADERS Vs. UNION OF INDIA

JUDGEMENT

(1.) This is a petition filed u/s 11 r/w 15 of the Arbitration and Conciliation Act, whereby the petitioner is seeking appointment of a fit and proper person to adjudicate the dispute that has arisen between the petitioner and the respondent.

(2.) Brief facts leading to filing of present petition are that, the petitioner had entered into an agreement with the respondent for execution of specific works pertaining to providing and laying down sewage lines and pumping stations at Ahmednagar. An agreement was executed on 26/04/1993 and work order was issued on 17/5/1993. During the course of execution of the said works certain disputes arose between the parties, as a consequence of which arbitration clause 70 of the General Condition of Contract of Central Government was invoked. In pursuance of such invoking of arbitration proceeding under the said clause, an interim award dtd. 22/9/2012, came to be passed on the basis of specific amount admitted by respondents as payable to the petitioner. Proceedings before the Arbitrator continued thereafter and eventually final award was passed on 30/4/2013 with corrigendum issued on 30/5/2013. Under the award, the petitioner was found entitled to payment of Rs.82,12,051.63 from the respondents. This was much less than the claim made by the petitioner, which was to the tune of Rs.9,41,45,618.00. It is an admitted position that respondents disbursed the amount of Rs.82,12,051.63 awarded by the Arbitrator.

(3.) Thereafter, the petitioner challenged the award by initiating proceeding before the Court of District Judge, Pune claiming that the mandate of arbitrator had expired at the time of publication of award, apart from raising other grounds on merits.