UNION OF INDIA Vs. SINGH VERMA

JUDGEMENT

(1.) The appellant has preferred this appeal against the dismissal of an application under sections 30 and 33 of the Arbitration Act,1940 (referred to as the Act).

(2.) Briefly, the facts are that an agreement was entered into between the appellant and the respondents for construction in connection with bridges at Mughalsarai. The work was to have been completed by September, 1992. According to the appellant the respondent failed to complete the work in terms of the agreement and the appellant terminated the contract on 21st March 1994.

(3.) There was an arbitration clause in the agreement and pursuant to an order passed under section 20 of the Act, the General Manager appointed Mr. S.K. Mallick and Mr. R.B. Singh as Joint Arbitrators. A statement of claim was filed by the appellant on 11th February, 1996 claiming approximately Rs.44 lakhs under 15 different heads. On 28th March 1996 a counter-statement was filed by the appellant when a meeting was held by the arbitrators.