UNION OF INDIA Vs. SRI RAMAKRISHNA

JUDGEMENT

(1.) Both Misc. Appeal No. 971 of 1999 & Civil Revision No. 401 of 1999 are directed against the judgment dated 29.7.1999 & decree dated 13.8.1999 passed by the Learned Civil Judge (Senior Division), 1st Court, Cuttack in Title Suit No. 25 of 1996, a proceeding Under Sec. 20 of the Arbitration Act, 1940 (for short, 'the Act') filed by the Respondent/Opp. Party No. 1-Plaintiff against the Appellants/Petitioners-Defendants. Misc. Appeal No. 971 of 1999 filed Under Sec. 39(1)(iv) of the Act is directed against that part of the impugned judgment by which Defendants were directed to file the original agreement entered into between the parties & Civil Revision No. 401 of 1999 is directed against that part of the impugned judgment by which Arbitrator for adjudication of the dispute between the parties was appointed. Respondent No. 2 was impleaded in the appeal & the revision at the instance of Appellants/Petitioners on the ground that during pendency of the appeal & revision, assets & liabilities of the Plaintiff's partnership firm have been vested with it.

(2.) Plaintiff is a contractor. Defendants accepted Plaintiff's tender for execution of earth work & issued work Order Dated 15/ 21.10.1992. As per the work order the work was to be completed by 20.4.1994. Accordingly, the parties entered into an agreement dated 17.3.1999. In the first variation statement agreement value was enhanced to enable the Plaintiff to execute extra work & accordingly a supplementary agreement dated 14.2.1994 was executed.

(3.) General Terms & Conditions of the Contract & Standard Specifications, 1994 (Volume-2) (for short, the 'GCC') of the Engineering Department of South Eastern Railway include Arbitration Clause. Clauses 63 & 64 of the GCC read as follows :