INDER KUMAR VERMA Vs. UNION OF INDIA

JUDGEMENT

(1.) The instant petition under Section 11 of the Jammu and Kashmir Arbitration and Conciliation Act, 1997 prays for appointment of Arbitrator by this Court for adjudicating the dispute which has arisen between the parties.

(2.) Facts in brief would be necessary to appreciate the controversy. The petitioner had earlier filed AA no. 38/2005 which was allowed by this Court on 04.04.2008 (annexure A). This Court rejected the objections, that the matter was not referable to the arbitration as they fall within the purview of 'excepted matters' under Clause 64 of the general conditions of the contract and proceeded to hold that the General Manager Northern Railways was competent to appoint arbitrator.

(3.) The petitioner had claimed that two arbitrators were required to be appointed as per Clause 64 (3) (b) of the General Conditions as the amount involved is more than Rs. 5 Lacs. The submission now made is that General Manager, Northern Railways has lost the right to appoint the arbitrator as he failed to do so within the prescribed period and, before filing of application by the petitioner. It is appropriate to mention that in the petition AA no. 38/2005 several claims were raised and the petitioner requested that those claims to be referred to the arbitrator. Reference was made to the arbitration clause contained in the agreement, namely, clause 64 of the general conditions of the contract agreement, which is set out below in extenso:-