RAITANI ENGINEERING WORKS Vs. UNION OF INDIA

JUDGEMENT

(1.) heard

(2.) Pursuant to a tender notice No. CE/CON/S-L/MB/2006/23 issued by the respondent authorities, the petitioner was issued a work order for "Construction of foundation, sub-structure and supper structure (PSC Box Girder) of major bridge No. 527 - A9 (proposed span 4X24.40m on pile foundation) at chainage 138/867.00 km. between Bandarkhal-Damcherra stations, on permanent diversion including earth work in filling/cutting behind abutment for making formation and all other ancillary works in connection with Lumding-Silchar Gauge Conversion Project" at a total cost of Rs. 4,28,64,100/-. An agreement was also entered into by the petitioner and the respondent authorities in respect of the aforesaid works on 26.02.2007. Clause 10.0 of the said agreement provides for settlement of disputes through arbitration. Under the heading "settlement of disputes - Indian Railway Arbitration Rules", it is indicated that arbitration and settlement of disputes shall be governed by Clauses 63 and 64 of the General Conditions of contract, N.F. Railway, 1998 edition.

(3.) It is not in dispute that Clauses Clause 64(3)(a)(ii) applies in the case of the petitioner. Clause 64(3)(a)(ii) reads as follows: