TECHNO INDIA Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioner -contractor was allotted the contract bearing No. CESZ -29/85 -86 for provision of ancillaries for TRS Huts at Drugmulla by respondent -Union of India. The petitioner executed and completed the work in the year 1988 and handed over the completed work to respondent -Union of India on 15th June 1988. The petitioner -contractor raised certain claims against the work allotted during the concurrence of the contract, but the same were not settled. There being a arbitration clause in the contract agreement signed between the parties, petitioner approached the respondent -Union of India by filing an application seeking appointment of the arbitrator in terms of Clause 70 - of IAFW 2249, general conditions of the contract. Accepting the request of the petitioner -contractor, respondent -Union of India appointed Br. Y.W. Joshi as sole arbitrator, he however, did not enter upon the reference and resigned from his appointment as an arbitrator on 4th January 1993, which resulted into the appointment of Brig. S.S. Anand as new arbitrator vide order dated 30th July 1993. Mr. Anand learned arbitrator entered upon the reference on 20th August 1993. Parties filed their respective claims before him. After adjudicating upon the disputes, learned arbitrator fixed 10th and 11th August, 1994 as date of hearing and also intimated the parties. On the said date parties appeared before the arbitrator. Brief record of hearing prepared by the arbitrator on 10th and 11th August 1994 at CE Zone HQ.31 Sub area c/o 56 APO is as follows: -

(2.) THE above record of the proceedings is signed by the representative of the Union of India, representative of Contractor as well as by the learned Arbitrator.

(3.) IN terms of the above record the next date for production of documents/ was August 1994, at a place and time to be mutually agreed to by the parties.