UNION OF INDIA Vs. BILAS SINGH AND CO

JUDGEMENT

(1.) THE Union of India has taken out the present application under Section 33, Arbitration Act, for a declaration that the contract dated 26-11-1965 came to an end with the reconstitution of the respondent in December, 1970.

(2.) THE history of the case is as follows:--Admittedly Bilas Singh and Co., was a partnership firm, established in June 1964 with four partners and having registration No. 39935. This 1964 firm entered into an agreement with the petitioner ia writing, being contract No. 119J/KB, dated 26-11-1965 for execution of D. B. K. Railway Project on terms and conditions contained in the said contract. One of the terms thereof was: "..... any change in the constitution of the firm shall be forthwith notified by the contractor to the Engineer."

(3.) IN March, 1983, the petitioner took out this present application under Section 33, Arbitration Act, praying for a declaration that the contract No. 119J/KB dated 26-11-65 containing the arbitration clause came to an end with tile reconstitution of the firm Bilas Singh and Co. on 15-12-70. The change in the constitution of the firm on 15-12-70 is not denied by the respondent but it is alleged in the affidavit-in-opposition that it is the old firm who has been prosecuting the arbitration proceeding for recovery of its dues under the contract and the reconstituted firm of 1970 has nothing to do with the said claims before the arbitrator.