UNION OF INDIA Vs. VUNGARALA CONSTRUCTIONS HYD

JUDGEMENT

(1.) The question which arises for consideration in these writ petitions is as to whether, in view of the purported 'no-claim certificate' issued by the 1st respondent herein, an application under Section 11(6) of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as "the 1996 Act") was maintainable.

(2.) It is not disputed that the parties hereto entered into an agreement as regards work of diversion of Up line from Channel 169M (km 318/5) to Channel 3318M (Km 321/13) between Bisugirsharrif and Potkapalli Station on Kazipet - Balarsha section construction of well foundation and substructure, superstructure with prestressed concrete girders deck slab, etc., for rebuilding of bridge No.66 as 27 x 18.1630 M for Up main line across Manair river including earth work in approach in embankment on either side of the bridge including extension of minor bridge No.65 and 67".

(3.) Disputes and differences having arisen between the parties, the same had been referred to a Departmental Committee. Allegedly thereafter the 1st respondent continued with the work and filed a no claim certificate. Despite the same a demand was made for referring the claim to an Arbitrator which was not acceded to by the petitioner herein. An arbitration application was filed before this Court under Section 11(6) of the 1996 Act. A learned single Judge of this Court by an order dated 5-12-2000 allowed the said application.