PAM DEVELOPMENT PVT LTD Vs. CALCUTTA PORT TRUST

JUDGEMENT

(1.) THE Court : This application under section 20 of the Arbitration Act, 1940, involves certain interesting points of law regarding appointment of Arbitrators and Umpires in arbitration proceedings and the maintainability of a second application under section 20 of the said Act. In order to appreciate the same, it is necessary to briefly state the facts out of which this application arises.

(2.) ON or about 13th February, 1991, the Chief Engineer, Calcutta Port Trust, issued a Work Order in favour of the petitioner Company for construction and commissioning of a High Level Road Bridge over the existing railway tracks to cater for loading at Hide Road in replacement of the existing steel Trust Bridge and to dismantle and remove the same. Disputes and differences arose between the parties during the execution of the work and the contract was terminated by the respondents on 19th October, 1993.

(3.) THE petitioner company, thereafter, addressed a letter to the Chairman, Calcutta Port Trust, on 6th December, 1993, requesting him to appoint an Arbitrator within sixty days from the date of receipt of the letter, in keeping with the provisions for reference to arbitration contained in Clause 11B of the Agreement executed between the parties on 23rd February, 1991. THE relevant portion of the said clause reads as follows :