RAILTECH INFRAVENTURE PVT LTD Vs. UNION OF INDIA

JUDGEMENT

(1.) The above Application is filed by the Applicant under Section 11 of the Arbitration and Conciliation Act,1996 ("the Act") for the following relief:

(2.) According to the Applicant, tenders were invited by the Respondents Union of India through the General Manager, Central Railway, pertaining to Deep Screening and through Ballast Renewal using BCM and Manual Method including cess formation and miscellaneous work in the PuneLonavla Section ("the works").The Applicant submitted its bid and was declared as the successful bidder and an acceptance letter dated 24th April, 2009 was issued to the Applicant. The total cost of the works awarded to the Applicant under the tender is Rs. 1,43,49,245.79. A formal contract being Contract Agreement No. A/N 297/PA dated October 10, 2009 (" the Contract") was entered into between the Applicant and Respondent No. 2Divisional Railway Manager (Works) Central Railway, Pune. According to the Applicant, the Contract is also governed by the General Conditions of Contract, Central Railways ("GCC").

(3.) According to the Applicant, Clauses 63 and 64 of GCC pertain to the arbitration agreement entered into between the Parties. The said clauses are reproduced hereunder: