BABU RAO Y Vs. UNION OF INDIA

JUDGEMENT

(1.) In this application under Section 11 of the Arbitration and Conciliation Act, 1996 the applicant herein has prayed for appointment of a sole arbitrator for adjudication of the claims specified in his letter dated 28-1-2000. The said arbitration agreement is contained in a contract agreement bearing No. 08/CAO/C/SC/98, dated 16-1-1998 entered into by and between the applicant and the respondents herein. Admitted fact of the matter is that the respondents called for the tenders for the work of gauge conversion of CLM-VSG section from meter-gauge to broad-gauge and proposed construction of side drains and road work in MPT yard at Vasco station, the estimated value whereof was Rs. 24,61,000/-. The applicant submitted the tender for a sum of Rs. 19.77,910.00 which was accepted. The applicant contends that he has successfully completed the work within the time extended by the respondent-authorities and executed 25% more than stipulated in the original contract.

(2.) He had raised ten claims for a total sum of Rs. 1,12,97,951.00. Despite demand the claim of the applicant was not considered whereafter a lawyer's notice dated 8-5-2000 was served.

(3.) The arbitration clause contained in clause 64 of the General Conditions of Contract which admittedly forms part of the contract reads thus: