GENERAL MANAGERSOUTH CENTRAL RAILWAY Vs. ASHOK ENGINEERING CO

JUDGEMENT

(1.) THIS Civil Revision Petition is filed against the order dated 7-8-2007 passed in O. P. No. 10 of 2003 on the file of I Senior Civil judge, City Civil Court, Hyderabad, by which an Arbitrator was appointed to resolve the disputes between the parties under the agreement dated 28-4-1998.

(2.) THE brief facts of the case are that the first respondent herein and petitioners have entered into an agreement dated 28-4-1998 for supply of sand, stacking and spreading the same into the tract over ballast portion in between Kms. 872 to 888 on Hingoli section. The dispute raised by first respondent-company is that it has supplied sand in 2nd phase worth Rs. 13,166/- and the bill amount was not paid and that an amount of Rs. 6,438/-was deducted from the first bill towards security deposit. The first respondent could not complete the balance contract work and sent a letter on 29-3-2000 rescinding the contract and further claimed the payment for the work done. When there was no response, the first respondent addressed a letter seeking to appoint an arbitrator as per Condition No. 64 of GCC, which was not done. Therefore, the first respondent filed an application under section 11 (5) and (6) of Arbitration and conciliation Act, 1996 seeking appointment of Arbitrator to resolve the disputes between the parties, which was allowed. Hence, this appeal (sic. petition) by the petitioners.

(3.) HEARD learned counsel for the parties and perused the record.