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 equipments at Jawahar Navodaya vidyalaya, Badwara, District vide Agreement No. 13/ee/jcd/2003-04. .

(3.) IN the execution of these agreements certain dispute arose between the parties and, therefore, invoking Clause 25 of the Agreement i. e. . Document No. l, filed in both the cases, applicant sought for constitution of an Arbitral Tribunal. Prayer of the applicant was allowed and in each of the cases Shri R. Gopal Krishnan was appointed as sole arbitrator. The dispute was pending adjudication before the sole arbitrator, when further dispute arose between the parties with regard to imposition of compensation (i. e. . liquidated damages) for delay in execution of the contract under Clause 7. In MCC No. 1694/2007, as per the terms and conditions of the contract, the work was to be completed by 10. 7. 2004. It could not be completed by the aforesaid time, but was completed only on 17. 7. 2007. According to the petitioner, the delay was attributable to the non-applicant and according to the non-applicant it is the applicant who was responsible for the delay.