RAMA KISHAN ASHOK KUMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mr. Jatin Agarwal, learned counsel for the applicant and Mr. P.C. Sharma, learned counsel appearing for the respondents.

(2.) The petitioner is a contractor running its business as a joint venture firm. It has applied for appointment of an Arbitrator under Sec. 11 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as 'the Act') alleging that the contract agreement contains an arbitration clause and that despite invoking the same vide letter dtd. 1/7/2020, the disputes were not referred to the Arbitrator.

(3.) The facts, as revealed, disclose that the respondent-Railways issued a Notice Inviting Tender (NIT), inviting applications from the contractors for the construction of roads and under-bridges in lieu of level crossings, and for providing approach road retaining walls and adequate drainage arrangements etc. The petitioner was one of the applicants and his application for the aforesaid works was accepted by the Railways vide letter dtd. 7/4/2017 for a total cost of Rs.22,41,33,163.47. The petitioner was required to complete the work within a period of 18 months from the date of letter of acceptance. In other words, the work was to be completed on or before 6/10/2018. The petitioner in furtherance of the aforesaid acceptance, submitted earnest money of Rs.13,45,640.00 and deposited a performance bank guarantee of Rs.1,12,06,660.00.