SHIV SHAKTI BUILDERS Vs. DIVISIONAL RAILWAY ENGINEER (WEST)

JUDGEMENT

(1.) This application under Section 11(6) of the Arbitration and Conciliation Act, 1996 ('the Act') has been filed by the applicant seeking reference of dispute indicated in notice dated 15.03.2018 (Annex.-22) to the sole Arbitrator to be appointed by this Court.

(2.) It is, inter alia, indicated in the application that on 10.05.2016, the applicant was awarded work of protection and restoration of Bank boulder pitching etc., the agreement in this regard was executed on 10.07.2016. During the course of execution of contract, on 25.09.2017, the respondent issued a 24 hours' notice in terms of Clause 62 of the Standard General Conditions of Contract ('the GCC') indicating that the security deposit and performance guarantee amount has to be forfeited. The applicant responded to the same indicating the reasons for delay in execution of the work. On 28.09.2017 (Annex.-20), the contract was rescinded in terms of Clause 62 of the GCC and it was indicated that the security deposit shall be forfeited and performance guarantee shall also be encashed.

(3.) By representation dated 31.10.2017, the applicant, raised dispute and sought payment of Rs. 36,25,511/- within a period of 120 days as specified in Clause 63 of the GCC. Whereafter, after lapse of 120 days, on 15.02018, the applicant sought appointment of sole Arbitrator in terms of Clause 64 of the GCC. However, the respondent did not appoint the sole Arbitrator leading to filing of the present application.