M VENKAT RAO Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS is an Application taken out, under sub-section (6) of Section 11 of the arbitration and Conciliation Act, 1996 read with Para 2 (b) of the Scheme framed for appointment of Arbitrators, by the petitioner, who entered into an agreement with the Indian Railways, on 6th May 1992, for carrying out supply and leading of ballast.

(2.) IT is the case of the petitioner that in spite of completion of the entire work, his claims for payment and return of security deposit have not been attended to and hence, he has made a claim for referring the dispute to arbitration. It is not in dispute that the contract has provided for the mechanism of redressal of the disputes that have cropped up between the parties by way of reference to arbitration.

(3.) UPON notice in the above matter, the respondents have filed their counter. They have taken the plea that the claim is belated and is barred by limitation. Apart from that, it was further pointed out that the arbitration agreement has provided for appointment of an Arbitral Tribunal comprising of three members, who are all senior level railway officials, who will be able to understand the practices and procedures adopted and followed with reference to the standards and manuals settled for the Indian Railways.