IRCON INTERNATIONAL LTD Vs. CENTRAL AGRICULTURAL UNIVERSITY IROISEMBA, IMPHAL, MANIPUR REPRESENTED BY ITS VICE-CHANCELLOR

JUDGEMENT

(1.) Heard Mr. Debabarta Roy Choudhury, Sr. Counsel assisted by Ms. Momota Devi Oinam, learned counsel for the petitioner. Heard also Mr. BP Sahu, learned Sr. Counsel assisted by Mr. PhungyoZingkhei, learned counsel for the Respondents.

(2.) The present petition has been filed by IRCON International Ltd., a Public Sector Undertaking, Government of India, engaged in the construction and engineering activities, seeking for appointment of a sole Arbitrator under Section 11 of the Arbitration and Conciliation Act, 1996 to decide alleged disputes arising between the petitioner and the Central Agricultural University (CAU), Respondent herein, in terms of an agreement entered between the parties on 01.04.2009 for designing and construction of the College of Veterinary Science & Animal Husbandry at Selesih in Aizawl, Mizoram.

(3.) The stated case of the petitioner is that the petitioner entered into a contract with the Central Agricultural University, Imphal for construction of College of Veterinary Science & Animal Husbandry at Selesih in Aizawl, Mizoram which involved planning and designing, site surveying, soil/geotechnical investigations including preparation of layout plans, preliminary and detailed architectural drawings, structural designs and drawings as defined in the agreement. The agreement provided that the cost of all works and supplies carried out by the sub-contractors and suppliers employed by IRCON would be subject to recoveries being affected for the materials issued to them by owner, if any.