DHARAM VIR CHOPRA Vs. UNION OF INDIA

JUDGEMENT

(1.) A contract was entered into between the petitioner and the respondents with regard to the execution of the earth work in filing formation with contractor's own earth from K.M. 14.807 to K.M. 18.664 on Sirhind-Nangal Dam Section of Northern Railway, in connection with S.Y.L. Canal crossing. The disputes having arisen between the parties, the petitioner vide his letter dated 13.11.1987, requested the General Manager, the designated authority under the general conditions of the Contract, to consider his claim within a period of 90 days or in the alternative after the expiry of the said period to take action in terms of Clause 64 of the General Conditions for arbitration. The disputes raised by the petitioner have been detailed in para No. 1 of the impugned order. When in spite of the expiry of 90 days, the second respondent did not take any action, the petitioner filed an application under Sections 5, 8, 11, 12, 20 and 33 of the Indian Arbitration Act, 1932, in the Court of Shri M.L. Malhotra, Sub Judge, Ist Class, Ropar.

(2.) The respondents contested the petition inter alia on the ground that the petition was not maintainable and that the matters which have been claimed to be disputed, do not fall within arbitration clause 64 of the General Conditions of the contract and were rather "excepted matters" and, therefore, the same could not be referred to the Arbitrator. The learned trial Court framed the following issues :-

(3.) The trial Court decided issue Nos. 1 to 3 which are relevant for the decision of this case, together and held that the disputes in the application were not referable to the Arbitrator and that the reference made by the petitioner to respondent No. 2 for his decision on these matters could not be deemed to be a reference to the Arbitrator so that the petition for revocation and revocation of his authority could not be held as maintainable. Resultantly, vide his judgment dated 25.3.1991, the trial Court dismissed the application.