AKASH ENTERPRISES Vs. GENERAL MANAGER NORTHERN RAILWAY

JUDGEMENT

(1.) THE petitioner has sought appointment of an Arbitrator to adjudicate upon the disputes/differences having arisen out of contract agreement dated 12.11.2007 regarding the work of "Manning of Un-manned L-xing No.C-35 at KM 494/13-14 and L-xing No.C-44 at KM 472/14-15 on SNL-ASR section under ADEN/ASR".

(2.) IT is the case of the petitioner that tender of the petitioner being lowest was accepted on 05.08.2007 and in pursuance thereof an agreement has been executed between the parties on 12.11.2007 in respect of the above-cited work. The total cost of the work was Rs.44,00,520/-. IT is pleaded that the respondent committed contractual default at every stage from the first date and thus, causing financial loss to the petitioner resulting into delay in execution of the work. The petitioner also challenges the deduction from the final bill of the petitioner. The petitioner raised a dispute under four heads vide communication dated 28.05.2009 (Annexure A-4). The said letter is addressed to General Manager, Baroda House, Northern Railway, Delhi. The petitioner has also produced photocopy of the postal receipt, which shows that the registered letter was addressed to the General Manager, Northern Railway, New Delhi and sent on 30.05.2009. Under postal certificate, the copy of the said letter was also sent to the office of Senior Divisional Railway Manager, Northern Railways, Ferozepur Cantt.

(3.) IN the reply filed on behalf of the respondents, it has been pointed out that the demand for appointment of an Arbitrator was not made to respondent No.1 vide letter dated 28.05.2009 and that no such letter has been received by the General Manager. It is, however, pointed out that the copy of letter dated 28.05.2009 was marked to respondent No.2 i.e. Divisional Rail Manager. The respondents have also attached a communication dated 23.03.2010 (Annexure R-1) to the effect that the communication from the petitioner regarding appointment of an Arbitrator has not been received, but the Arbitrator will be shortly appointed by the Railway.