DIKSHA ENTERPRISES Vs. UNION OF INDIA

JUDGEMENT

(1.) Through this Arbitration Application, M/s Diksha Enterprises has approached this Court for appointment of an Arbitrator in terms of the mechanism for settlement of disputes provided under the Indian Railways Standard General Conditions of Contract, July 2014 ( in short, GCC-14) which forms part of Notice No. W 584/DHN/2014-15/Open/74/2 dtd. 19/3/2015.

(2.) The aforesaid tender notice was issued by the East Central Railway for "Renovation of Sounda-B (NCDC) Private Siding under Deposit terms for CCL; track renewal and other ancillary work of Jarandih-I Private Siding at Jarandih under deposit terms for CCL and like works at Bhandaridah as well as some works for extension of New Selected Dhori Private Siding and Renovation of Central Sounda Private Siding". It is not in dispute that by a communication dtd. 17/7/2015 some of the works for which the applicant has submitted bid dtd. 13/5/2015 was accepted and an agreement dtd. 12/11/2015 was executed by the Divisional Engineer (Siding) E.C. Railway, Dhanbad (for and on behalf of the President of India).

(3.) The disputes settlement mechanism under the GCC-14 is provided under Clauses-63 and 64 of GCC-14 under which appointment of the Arbitrator is specifically dealt with under Clause-64.(3).