M/S. DWARKA TRADERS PRIVATE LIMITED Vs. UNION OF INDIA THROUGH GENERAL MANAGER, NORTH WESTERN RAILWAY, NWR HEAD QUARTER, NEAR JAWAHAR CIRCLE, JAGATPURA ROAD, JAIPUR AND ANOTHER

JUDGEMENT

(1.) This application has been filed by applicant M/s. Dwarka Traders Private Limited, under Sections 10 and 11 of the Arbitration and Conciliation Act, 1996 , seeking appointment of independent Arbitrator to resolve its dispute with non-applicants Union of India through General Manager, North Western Railway, NWR Head Quarter, Near Jawahar Circle, Jagatpura Road, Jaipur and their Divisional Railway Manager (NWR), DRM Office, North Western Railway, Ajmer.

(2.) Applicant is engaged in construction business. Applicant is also approved contractor and supplier of non-applicant Railways. Non-applicant no.2 invited tenders for the year 2011-12 for work of RPZ Sub Division Zone No.15 (2011-12) Marwar Junction (Excl) to Bari Sadri (Incl) to Mavli Jn (Incl) and PRS Nathdwara (Temple) PRS Rajsamand (incl) to Chittorgarh (Excl). This included all types of repair and maintenance work in staff quarters and service buildings with regard to civil and sanitary works. Applicant also submitted tender for aforesaid work. Estimated costs of said work was Rs.33,19,011/- and period for completion of work was six months from 02.12.2011 to 30.06.2012. Offer of applicant being lowest, work was awarded to it vide Acceptance Letter No. WA-118/2/Zone/15 (2011-12) dated 02.12.2011. Applicant deposited FDR No.228740 dated 14.01.2012 for Rs.1,66,000.00 drawn on Bank of Baroda, Hanumangarh, towards due performance of work. Amount of Rs.66,600.00 was also deposited towards earnest money. In the work order issued, non-applicants required applicant to commence the work from 07.02.2012 and complete the same by 03.05.2012.

(3.) A contract agreement was executed by and between the railways administration and applicant with regard to aforesaid work. Clause 64 of the agreement pertains to arbitration, which provides that in the event of any dispute or difference between the parties, excluding excepted matters , (matters not arbitrable), referred to in Clause 63 of the General Conditions of Contract, the Contractor shall, after 120 days but within 180 days of presenting his final claim on disputed matters, demand in writing that the dispute or difference be referred to arbitration.