ATW (INDIA) PVT. LTD. Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mr. R. Hussain, learned counsel for the petitioner. Also heard Mr. H. Gupta, learned CGC appearing for all the respondents.

(2.) The present application under Sec. 11(6) of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as "the 1996 Act"), is for a reference of the dispute between the parties before a sole Arbitrator to be appointed by this Court. The petitioner's case is that the respondent no.4 had floated Tender No.CE/CON/S-L/EMB/2005/64 for "Construction of Br. O.99 (New) span (1x4.0m RCC Arch Box) at Chainage 49.335 km and earthwork in filling in layers to form embankment at the approaches of the bridge including other ancillary work between station Dihakho-Mupa on permanent diversion in connection with Lumding-Silchar Gauge conversion project."

(3.) The petitioner was selected for the contract work and accordingly, a contract agreement dtd. 2/3/2007 was executed between the parties at a total cost of Rs.4,30,95,325.00. The time for completion of the contract work was 18 months, i.e., on or before 21/9/2007. The petitioner's further case is that he successfully completed the contract work on 27/3/2012, after being granted various extensions by the respondents. The dispute arose between the parties, as settlement and finalisation of the Final Bill of the petitioner was not being made by the respondents. The petitioner thereafter lodged his final claim dtd. 9/5/2022, claiming Rs.3,25,79,502.00. However, the same has not been paid to the petitioner.