UNION OF INDIA Vs. MOHAN BROTHERS

JUDGEMENT

(1.) A contract in writing was executed between the Commander H. Q. 138 Works Engineers and M/s. Mohan Brothers for provision of Steel Watch Towers at AP Birpur and FDS/FPD at BD Bari. The contract agreement was allotted vide C. A. No. CWE/JP-46/2000-2001. The agreement indicates an arbitration clause vide condition No. 17, which forms part of the contract. A dispute arose between the parties out of the contract and a request was made to the Chief Engineer, Udhampur Zone, who was the appointing authority, for appointment of arbitrator. Consequently, one Shri Brij Mohan Kohli was appointed as arbitrator to adjudicate the dispute between the parties.

(2.) Following claims were submitted by the claimant to the arbitrator.

(3.) The Union of India also filed three claims against the contractor. These were :