Y PARTHASARATHY Vs. GENERAL MANAGER RAILWAY ELECTRIFICATION ALLAHABAD

JUDGEMENT

(1.) By this application filed under Section 11(5) of the Arbitration and Conciliation Act, 1996 (for short "the New Act"), the petitioner, a registered partnership firm represented by its Managing Director, is praying for appointment of a sole arbitrator by the Honourable Chief Justice or any other person or institution designated by the Honourable Chief Justice. In compliance with the direction issued by the Honourable Chief Justice, the matter was listed before me.

(2.) The claims in respect of which arbitration is sought are of the value of Rs.1,16,18,336/-.

(3.) By an agreement dated 7-10-1991 concluded between the General Manager, Railway Electrification Central Organisation, Allahabad and the petitioner, construction of Electric Loco Shed and its ancillary works in Lalaguda, Secunderabad, was entrusted to the petitioner and the work was required to be completed within two years - from 3-6-1991 to 2-6-1993. The estimated value of the contract was Rs.2,45,11,415.45. It is stated that subsequently, from time to time, certain additional works also were entrusted to the petitioner and the total value of the works entrusted to the petitioner was Rs.3,45,11,415.45. The petitioner made certain claims on 6-4-1993 seeking compensation for the loss allegedly sustained because of certain lapses on the part of the Railway administration and enhancement of rates was also sought. From the Railways's side, the response was unilateral termination of the contract on 23-7-1993. The petitioner claimed to have executed works of the value of Rs.76.98 lakhs by 2-8-1993 and by a letter dated 27-1-1994, the petitioner sought settlement of the claims. Since the claim was not acceded to, a legal notice was got issued on 10-6-1994 by the petitioner for which a reply was given on 20-6-1994 by the Central Organisation, Railway Electrification, Allahabad, informing the petitioner: