PAWAN KUMAR JAIN Vs. UNION OF INDIA

JUDGEMENT

(1.) AS common questions are involved in both these applications and as relief claimed are also for appointing an Arbitral Tribunal, they are being considered and decided by this common order.

(2.) APPLICANTS have invoked jurisdiction of this Court under Section 11 (6) of the Arbitration and Conciliation Act, 1996 (for short 'the Act') seeking referral of certain disputes to an Arbitral Tribunal. In MCC No. 1694/2007, petitioner was granted contract for construction of Jawahar Navodaya Vidyalaya, Badwara, District Katni vide Agreement No. 13/EE/JCD/2003-2004. Similarly, in Arbitration Case No. 34/2007, applicant was granted contract for construction of four number Type II, eight number Type III quarters; and, Principal's residence including installation of water supply and sanitary equipment at Jawahar Navodaya Vidyalaya, Badwara District vide Agreement No. 13/EE/JCD/2003-04.

(3.) IN Arbitration Case No. 34/2007, certain disputes arose between the parties and the dispute in this case was also referred to Shri R. Gopal Krishnan, the sole arbitrator. INitially, six disputes were referred to this arbitrator. Applicant vide document No. 3, dated 12-10-2007 sought for referring two more claims. The second claim pertained to levy of compensation (i.e., liquidated damage) amounting to Rs. 5,87,104.00. The Chief Engineer vide document No. 4, dated 28-11-2007 referred the first claim, i.e., Claim No. 7 indicated in document No. 3 to the same arbitrator, but rejected the claim with regard to levy of compensation/penalty and, therefore, applicant is before this Court seeking constitution of the Arbitral Tribunal for resolution of the aforesaid dispute.