UDIT PRASAD BABU Vs. UNION OF INDIA

JUDGEMENT

(1.) This petition has been filed by the petitioner-Udit Prasad Das, under Sec. 11 of the Arbitration and Conciliation Act, 1996 (for short, "the Act, 1996") seeking appointment of an arbitrator to arbitrate the disputes between the petitioner and the opposite party.

(2.) The case of the petitioner as set out in the petition in nutshell is that the petitioner in response to the tender floated by the Chief Engineer (Con-II) was awarded the contract for supply of 50 mm size Machine Crushed Tract Ballast in between Ch.40,000 to Ch. 48,030 (Chainage from JSG) including Sarala Yard and between Km. 4 (F/SBP) of SBP-TLHR Line to SBPY Station.

(3.) Learned counsel for the petitioner submitted that during execution of the work certain disputes and differences arose between the petitioner and the Railway-opposite party. The matter was referred to the Arbitral Tribunal constituted as per Clause 64(3) of the Indian Railway Arbitration and Conciliation Rules. The Arbitral Tribunal however passed the NIL award dtd. 8/9/2012. The petitioner challenged the said award dtd. 8/9/2012 under Sec. 34 of the Act, 1996 in the Court of learned District Judge, Khurda in Arb(P) No.307 of 2012. The learned District Judge by order dtd. 22/9/2018 set aside the award and remitted the matter back for reconsideration by the Arbitrator.