ANILKUMAR INDARPAL SETH Vs. UNION OF INDIA

JUDGEMENT

(1.) BY this petition, the petitioner seeks to have the Award dated 27th June, 1985 filed in this Court and numbered as Award No. 24 of 1986 set aside. In the alternative, the petitioner seeks modification of the said Award by deleting the portions thereof pertaining to the counter-claims of the respondents filed before the Arbitrators.

(2.) THE petitioner carries on business of acting as Engineer and Contractor in the firm name and style of Messrs. Seth and Co. as the sole proprietor thereof. The respondents, Union of India through the Chief Engineer (Survey and Construction), Central Railway, Bombay, had invited tenders for the work of fabrication and erection of Railways Steel for Light Repair Shed at Ghorpuri (for short, the said work ). The petitioner had submitted the tender for the said work which was accepted on behalf of the respondents and the said work was awarded to the petitioner as per respondents letter dated 24th May, 1980 addressed to the petitioner. A formal Contract Agreement No. XEM/x/67 dated 17th October, 1980 was entered into by and between the petitioner and the respondents. The date of commencement of the said work as per the said contract was 24th May, 1980 and the time specified in the said contract for completion thereof was 6 months from 24th May, 1980. Accordingly, the said work was stipulated to be completed by 23rd November, 1980.

(3.) ACCORDING to the petitioner, various delays and hindrances were caused by the respondents in the petitioner completing the said work and the respondents committed breaches of the said contract resulting into non-completion of the said work by the petitioner within the stipulated time. It is also the case of the petitioner that on or about 24th March, 1982 the said contract was partially rescinded and on or about 23rd June, 1982, it was finally rescinded by the respondents. It is common ground that the General Conditions of Contract formed part of the terms and conditions of the said contract between the petitioner and the respondents.