N B SHARMA Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) The petitioner in accordance with Clause 63 of the agreement made an application to the other side for referring the matter to the arbitrator. As the matter was not referred to the arbitrator the petitioner has come to this Court under Section 11 of the Arbitration and Conciliation Act, 1996. On notice to the other side they have appeared and filed their counter inter alia submitting that in accordance with Clause 63 of the agreement the petitioner/contractor can make an application to the respondents after 90 days of his presenting final claim on disputed matters that the matter be referred to arbitrator and as the petitioner has not done so Clause 63 would not become operational. It is also contended by them that vide Annexure-A letter dated 8-3-2000 the petitioner has given a certificate in favour of the respondents that after completion of the work he has no other claim outstanding against the respondents, therefore, also the matter now cannot be referred to the arbitrator.

(3.) Learned counsel for the petitioner submits that the question that the petitioner's claims are barred by limitation or because of submission of the certificate would also be questions to be considered by the arbitrator himself. According to him the arbitrator will decide into the entitlement of the parties.