UNION OF INDIA Vs. KEDAR SOMANI

JUDGEMENT

(1.) THE Court : THE petitioner, Union of India made an application to this Court on 8th March, 1994, under Section 30 and 33 of the Arbitration Act, 1940, inter alia, praying that this Court has no pecuniary jurisdiction to entertain, try and determine or to pass a judgment upon the award in the above Award Case No. 7 of 1994. It was also prayed that the award be declared null and void and set aside and for other consequential orders.

(2.) IT has inter alia been stated in the petition that the Executive Engineer, Gangtok, Central Public Works Division, Gangtok, Sikkim, by letter dated 9.10.1986 accepted the tender submitted by the respondents which was for the site development work of construction of staff quarters for A.G. Sikkim at Syari Busti, Gangtok. The accepted contract price was of Rs. 17,04,652.50 paise. The date of commencement of work was 24.10.1986 and the work was stipulated to be completed by 23.8.1987.

(3.) ACCORDING to the petitioner disputes and differences arose between the parties and the respondent requested the Chief Engineer, Central Public Works Department, having its office at Calcutta, to appoint an arbitrator and to refer the disputes to the, arbitration in terms of the arbitration agreement. The said Chief Engineer, Central Public Works Department, Calcutta, by his letter dated 5th December, 1990 appointed Sri V. Nainani, as the sole arbitrator. The said Sri V. Nainani vacated his office on 8th July, 1992. Thereafter, the said Chief Engineer, inter alia by his letters dated 20/24th August, 1992 appointed Sri T. K. Misra as the sole arbitrator to determine the disputes and differences between the parties.