B K GUPTA Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS is a petition filed under section 11 (5) of the Arbitration and conciliation Act, 1996 with prayers as follows :-

(2.) THE respondent issued a Tender Notice inviting tenders for construction of certain works of the NF Railways on 20th May, 1992. On 18th November, 1992, the petitioner, who was a successful tenderer, eventually, entered into a contract with the respondent for execution of the work. On 17-6-1996, the petitioner sought for appointment of an arbitrator for settlement of a dispute which arose during the execution of the above mentioned contract. The dispute was duly referred to the arbitrators by all the parties. The arbitrator published their award on 10th September, 2001.

(3.) AGGRIEVED by the award, the petitioner herein approached the competent civil Court under Section 34 of the Arbitration and Conciliation Act, 1996 challenging the award. The arbitration award was set aside by the additional District Judge (FTC) No. 4, kamrup, Guwahati by the judgment dated 5/9/2006.