LAWS(BOM)-1997-12-27

UNION OF INDIA Vs. DEVIDAS CONSTRUCTION

Decided On December 09, 1997
UNION OF INDIA THROUGH EXECUTIVE ENGINEER DEPT OF TELECOMMUNICATION Appellant
V/S
DEVIDAS CONSTRUCTION Respondents

JUDGEMENT

(1.) THE Union of India through Executive Engineer, Department of Telecommunications, Civil Wing, Sion, Bombay, has filed this petition under section 30 of the Indian Arbitration Act, 1940 for setting aside the award made and published by the sole arbitrator Mr. J. Pal on 13th April 1992.

(2.) THE respondent is a proprietary concern carrying on business as engineers and civil contractors. Tenders were invited for the work of construction of cable duct from Prabhadevi T. E. building to Bandra T. E. building sub head Part II 32 way duct from MHO 14 to MHO 24. The respondent submitted their tender on 3rd September 1987 and this tender was accepted. A contract being No. 18/eet/bii/87-88 was entered into between the parties on 27-11-1987. This agreement contained an arbitration Clause in case disputes and differences arose between the parties. The work was to commence on 13-12-1987 and was to be completed within 6 months i. e. on or before 11-6-1988. According to petitioner, the respondent could not complete the work. On 15th June 1990 the respondent wrote a letter to the petitioner stating therein that the work was completed in March 1990. The engineer of the petitioner denied that claim.

(3.) THEREAFTER disputes and differences arose between the parties and, therefore, the respondent invoked arbitration clause for appointment of sole arbitrator to decide the claim and make an award. Initially, one Mr. N. S. Chakravarthy had been appointed as sole arbitrator but he vacated the office and resigned from the appointment and, therefore, Mr. J. Pal came to be appointed as sole arbitrator.