A RAMAKRISHNA Vs. UNION OF INDIA

JUDGEMENT

(1.) This Civil Revision Petition is filed under Article 227 of the Constitution of India, assailing the order, dated 29-3-2004, passed by the learned Chief Judge, City Civil Court, Hyderabad in O.P. No. 2523 of 2003.

(2.) The petitioner is a Class I Contractor and claims to have executed several works entrusted to him, by the State of Andhra Pradesh and Union of India. The respondents, represented by the Chief Engineer, C.P.W.D., Hyderabad (SZ. II) invited tenders for construction of Office Building, Staff Quarters etc., for S.I.B., at Koti, Hyderabad. The petitioner emerged as a successful bidder, and an agreement was executed on 10-3-2002.

(3.) The petitioner alleges that the work was prolonged beyond the contract period, on account of various acts and omissions, on the part of the respondents, and that improper deductions were made from the bills, payable to him. He got issued a notice, dated 20-6-2003, calling upon the respondents, to appoint an Arbitrator, in terms of the Arbitration Clause contained in the agreement, dated 10-3-2002, and to refer the dispute to the Arbitrator for adjudication. When there was no response, another notice, dated 14-7-2003 was got issued, for the same purpose. Since the respondents failed to take any steps, the petitioner filed O.P. No. 2523 of 2003 before the learned Chief Judge, City Civil Court, Hyderabad on 20-10-2003, under Sec. 11 (6) of the Arbitration and Conciliation Act, 1996, hereinafter referred to as 'the Act'.