TRISHUL CONSTRUCTION Vs. UNION OF INDIA

JUDGEMENT

(1.) This application under Section-11(6) of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as 1996 Act) has been moved by the petitioner Construction Company for terminating the Arbitral Tribunal arising out of an agreement with the respondent Railways dated 10 th of April, 2014 in respect of a contract awarded to the petitioner for construction of sub-structure for the open foundation of three bridges at the site referred to in paragraph 2 of the application. The background is that on a tender being floated the petitioner's offer was accepted and an agreement was entered into on 10th of April, 2006. The petitioner claims to have mobilized his resources and proceeded with the construction, but the respondents, dissatisfied with the quality of construction, got a vigilance enquiry proceedings initiated. However, the petitioner contends that the work had been executed as per the specifications and a request was made for release of final bills etc. The contention raised by the applicant is that on a refusal to release the legitimate payments, the petitioner filed a writ petition before this Court, being C.W.J.C. No.4909 of 2010. After having noted the facts as narrated by the petitioner, the Court disposed of the writ petition with liberty to approach the Deputy Chief Engineer, Construction, East Central Railway, Darbhanga along with an application which authority was directed to pass a reasoned and speaking order within three months. Certain action that was proposed to be taken against the petitioner was stayed till the disposal of the said application. The order passed by the Court on 2.12.2011 in C.W.J.C.No. 4909 of 2010 is extracted hereinunder:

(2.) No one appears for the respondents. On earlier occasion also, no one appeared for the respondents when the case was taken up on 21.10.2011.

(3.) This writ petition has been filed by the petitioner for directing respondent- authorities of East Central Railway, Patna to settle the final bill of the petitioner forth with and make payment of the petitioner's dues with respect to contractual work of construction/rebuilding of sub-structure (on open foundation) of major bridge nos. 63, 64 and 65A between Sitamarhi and Narkatiyaganj Stations in connection with the gauge conversion work of Jaynagar, Darbhanga- Narkatiyaganj Section.