LAWS(APH)-2004-3-14

M KRISHNA RANGAIAH Vs. UNION OF INDIA

Decided On March 10, 2004
M.KRISHNA RANGAIAH Appellant
V/S
UNION OF INDIA REP BY THE GENERAL MANAGER S.C.RAILWAY SECUNDERABAD Respondents

JUDGEMENT

(1.) The decision in Arbitration Application No.62 of 2002 is challenged in this writ petition. The learned Single Judge rejected the application filed by the petitioner under Section 11 (5) and (6) of the Arbitration and Conciliation Act, 1996 ('the Act' for brevity) praying to appoint a sole arbitrator to adjudicate the claims raised by the petitioner. The claim itself arises out of the agreement entered by and between the petitioner and respondents dated 27-3-1997. The value of the work, according to the agreement is Rs.4,19,641/ which was required to be completed within a period of six months. A final bill was prepared by the Railways, which according to the petitioner is a defective one. He has alleged to have signed the final bill under protest.

(2.) Be that as it may, the petitioner vide letter dated 31-12-2001 required the respondents to pay the alleged dues or in the alternative to refer the dispute to the Arbitrator under Clauses 63 and 64 of the General Conditions of Contract which form part of the agreement. As there was no response, the petitioner had chosen to file the application under Section 11 (5), and (6) of the Act.

(3.) In the counter affidavit filed by the respondents, it is stated that the petitioner has submitted 'No Claim Certificate' and therefore the dispute between the parties is no more arbitrable.