P SIVA PRASAD Vs. SOUTH CENTRAL RAILWAYS

JUDGEMENT

(1.) THIS is an application filed under Section 11 of the Arbitration and Conciliation Act, 1996.

(2.) THE respondent-Railways invited tenders for execution of certain works viz. , BG Track on St/wooden PSC Sleepers, leading of Ballast from stacks and dumping on the Track from Ch. 22700 to Ch. 23390 in Dharur Yard at Vikarabad (Doubling on Secunderabad-Wadi Section ). In response to the said tenders, the applicant herein submitted his offer on 21st August 1998. The said offer of the applicant was accepted on 15th October 1998 by the respondent-railways. According to the letter of the respondent dated 15th October 1998, the value of the works is Rs. 41,82. 920/ -.

(3.) THEREAFTER, an agreement came to be executed on 20th November 1998 by reducing the terms and conditions of the contract into writing. Admittedly, the General Conditions of the contract framed by the Engineering Department of the respondent-railways, are applicable to the contract. Clauses 63 and 64 of the General Conditions of the contract, are relevant for the purpose of the present case, Clause 64 provides for the resolution of the disputes between such contracting parties by way of arbitration. During the course of the execution of the work, it appears, the applicant was entrusted with certain additional works (the details of which are not available either on the record or in the application or even in the demand notice of the applicant addressed to the respondent-railways dated 15th March 2001.)