UNION OF INDIA Vs. RAJEEV RANJAN

JUDGEMENT

(1.) Heard Dr. K.N.Singh, learned Additional Solicitor General assisted by Mr. Kumar Priya Ranjan, CGC for the appellants and Mr. Manish Sahay, learned counsel for the respondent.

(2.) The instant appeal has been preferred by the appellants under sec. 37 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as 'the Arbitration Act') praying therein for setting aside the order dtd. 10/6/2022 and 21/7/2022 passed in Execution Case no. 135 of 2017 by the learned Sub Judge I, Patna, whereby the land and building described as Railway Club Building in the premises of Mehendrughat, East Central Railway, Patna (officers guest house) has been directed to be attached.

(3.) The facts in brief giving rise to the instant case is that pursuant to the tender notice dtd. 14/2/2012 issued by the office of the appellants for construction of building for traffic accounts and cash office, East Central Railway Headquarter, Hajipur, on the respondent having participated, was awarded the tender being the sole tenderer. An agreement was entered into between the Railways and the respondent and as per the case of the appellants the date of completion of work was extended in two spells on administrative grounds. During course of execution of work, disputes arose between the parties and as such the respondent on 24/12/2013 requested the Railways to settle the dispute by appointing an arbitrator. Ultimately the respondent filed Request Case no. 29 of 2015 in Patna High Court and by order dtd. 3/3/2016, a sole arbitrator was appointed. The sole arbitrator after considering the contention of the parties was pleased to pass an award on 18/3/2017 with directions to the Railways to pay a sum of Rs.52,88,268.00 within a period of sixty days along with the interest @ 12% per annum from the date of award till the date of actual payment.