KALYANI DEB NATH W/O SHIR RAKHA L DEB NATH Vs. UNION OF INDIA REPRESENTED BY SECRETARY TO THE GOVERNMENT OF INDIA MINISTRY OF SURFACE TRANSORT NEW DELHI

JUDGEMENT

(1.) Heard Mr. S. Shyam, the learned Counsel appearing for the petitioner. Mr. S. Chakrabarty, the learned Central Government Counsel represents the respondents.

(2.) This application is filed under Section 11(6) of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the Arbitration Act ) for appointment of an Arbitrator, as the respondents failed to appoint anyone, despite the demand made by the petitioner on 7.12.2009 (Annexure-1).

(3.) By order dated 10.9.2008 (Annexure-II) the petitioner?s tender for supply and stacking of crushed stone metal 53-22.40 MM and stone screening type B 11.2 MM size for surfacing work for construction of four lane section with parking lay bye at Churaibari from KM 284.216 to 285.626 on JowaiBadarpur-Churaibari-Agartala Road Section of NH-44 under 42 FRTF Project Setuk, was accepted by the Chief Engineer of the project Setuk. The contract was valued at Rs.88,46,336/-. Although the petitioner commenced supply because of non-issuing of forest permit by the Karimganj Divisional Forest Officer, to extract material from a viable quarry, the contractor faced difficulty in executing the supply.