RSSG - OT Vs. CENTRAL COALFIELDS LIMITED

JUDGEMENT

(1.) This Arbitration Application has been filed by M/s RSSG - OT (JV) through its authorized signatory Sourav Kr. Singh invoking the provisions under Sec. 11(6) of the Arbitration and Conciliation Act, 1996 (in short, AC Act) for appointment of an Arbitrator.

(2.) Briefly stated, pursuant to e-Tender notice dtd. 6/6/2018 inviting bids for "Hiring of mobile crusher, tippers, payloaders and allied machinery for crushing of coal into (-) 100 mm size, loading of crushed coal into tipping trucks and transporting the same to Charhi Siding for a period of 3 years and 4 months", the applicant was invited to execute the subject work in respect thereof an Agreement was signed on 26/11/2018. The applicant has pleaded that he submitted his work schedule in terms of Clause-6 of NIT but Central Coalfields Limited (in short, CCL) unilaterally fixed work schedule in violation of the said Clause under NIT and imposed penalty for "short supply" by deducting a substantial amount from the running bills of the applicant.

(3.) The applicant has raised further grievance on account of damages levied by the CCL to the tune of Rs.1,05,67,295.39. Therefore, the applicant made various communications and raised objection to the CCL for redressal of its grievances whereupon in-house committee was appointed in terms of Clause-13 of the NIT.