M/S. FILTREX ENGG. Vs. UNION OF INDIA

JUDGEMENT

(1.) Petitioner-contractor was awarded a contract on 16.10.1987. As per Clause 70 of the IAFW-2249, forming part of the contract, all the disputes between the parties to the contract were to be referred to the sole Arbitrator- "an Engineer Officer" to be appointed by authority mentioned in the tender document.

(2.) The dispute arose between the parties on the request made by the petitioner. The dispute was referred to respondent no.2.

(3.) The Arbitrator entered into reference. The Arbitrator repeatedly informed the petitioner, however, petitioner did not participate in the arbitration proceedings. Claim of the contractor as listed in Appendix-A to the Engineer-in-Chief's letter dated 14.07.1994 was taken up for hearing. The Union of India also filed a counter claim. Learned Arbitrator, after discussing each claim of the petitioner as well as of the Union of India, gave its detailed award on 13.01.1995.