BIKASH ENTERPRISES Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mr. R. Hussain, learned counsel for the petitioner. Also heard Mr. D.K. Dey, learned standing counsel, Railways appearing for the respondents.

(2.) The petitioner was awarded a work of RNY-Construction of 30 units standard type-III Quarter (Double Storied) at an approximate value of Rs. 2,61,88,677/- and a contract agreement being number D120090025 dated 3.3.2010 was executed by and between the petitioner and the respondent. The said agreement at Clause 5 provides for arbitration and settlement of disputes in terms of Clause 64 (wrongly recorded as 63) of the General Conditions of Contract, NF Railway, 1998.

(3.) It is not disputed by the learned counsel for the parties that in the instant case, Clause 64 (3)(a)(ii) will apply and that the arbitral tribunal shall consist of a panel of three Gazetted Railway Officers not below JA grade as the arbitrators. The aforesaid Clause also provides for the mechanism by which the aforesaid arbitrators are to be appointed.