VISHAV CONSTRUCTION CO Vs. GENERAL MANAGER

JUDGEMENT

(1.) THE petitioner has filed the instant application under Section 11 of the Arbitration & Conciliation Act, 1996 (hereinafter referred to as 'the Act'), seeking appointment of an Arbitrator to adjudicate the disputes/differences which according to the petitioner have arisen out of agreement No. 607/ASR dated 04.-03.2008 which was entered into between the applicant and the Railways.

(2.) IT is not in dispute that as per Clause 64 of the General Conditions of Contract, such disputes and differences are to be adjudicated upon by the Arbitrator appointed by the competent authority of the Railways. The respondent has infact even appointed an Arbitrator on the demand of the applicant herein. However, only one claim, namely, Claim No.1, which is in the sum of Rs. 40,000/- on account of the alleged wrong and illegal deductions from the final bill, that is referred. In the present petition, the applicant has raised as many as seven claims. The applicant wants that that claims also to be referred to the said Arbitrator.

(3.) ARBITRATION Clause as per the General Conditions of Contract is Clause 64 (1) (i) which reads as under:-