DEY AND COMPANY Vs. UNION OF INDIA

JUDGEMENT

(1.) BY this common judgment we propose to dispose of R. F. A. Nos. 32, 33 and 34 of 2002 preferred by M/s Dey and Company challenging the legality and validity of the order dated 24. 12. 2001 passed by the learned Civil Judge (Sr. Divn.) No. 1, Silchar in Title Suit Nos. 14, 15 and 16 of 1996 respectively.

(2.) ALL the three suits were filed by the appellant praying for an order of reference of the disputes relating to execution of R. C. C. construction entered into between the appellant and the respondent Railways to the arbitrator as provided by the General Terms and Conditions of Contract.

(3.) IT is submitted that the contract was completed on different dates during the period 1990 to 1993. The final bill for payment was not prepared and no payment was made despite repeated requests by the appellant Company. Having no other alternative, the appellant issued notice invoking the arbitral clause [clause 63 (1) of the General Terms and Conditions of Contract) on 22. 7. 1995 which was duly received by the Railways.