KULBHUSHAN GUPTA Vs. UNION OF INDIA

JUDGEMENT

(1.) Present is the petition for appointment of an Arbitrator under Section 11 of the Arbitration and Conciliation Act, 1996 (for short the 'Act'). It is the case of the Petitioner that final bill in respect of a Contract No. GE(S)A-53/90-91 was submitted on 1.12.2000 under protest but since the payment has not been made, therefore, the matter is required to be referred to the Arbitrator. The present petition was filed on 19.5.2003 before the Civil Judge (Senior Division) Ambala but subsequently, the matter stands transferred to this Court.

(2.) In reply, it has been pointed out that the Petitioner was given contract for repair of roofs of the building in KE/ICC line and Allenby line at Ambala Cantt., on 28.11.1990. The work was to be completed on 9.5.1991. The Petitioner could not complete the work within stipulated period of contract. The contract was cancelled on 24.3.1992 and the remaining work was got completed at the risk and cost of the Petitioner. The claim raised by the Respondent on account of the excess amount incurred by the Respondent was demanded vide the letter dated 8.5.1993 but the same was not deposited by the Petitioner which led to referring the disputed to the Arbitrator at the instance of the Respondent. It is alleged that the claim was submitted by the Petitioner on 10.2.2003 is time barred.

(3.) The Petitioner has filed a miscellaneous application for placing on record the Award dated 25.9.2003 in respect of the dispute referred to by the Respondent in the written statement. As per the said Award, the Petitioner has been found liable to pay an amount of Rs. 64,124.74 paise excluding interest and cuts.