MAHABIR PRASAD AGARWAL Vs. UNION OF INDIA

JUDGEMENT

(1.) This is an application filed under Sec. 11 of the Arbitration and Conciliation Act, 1996 (as amended till date), for appointment of an Arbitrator. It has been filed by a partnership firm by the name of M/s Mahabir Prasad Agarwal. This partnership firm has its office situated at Namchi in the district of Namchi, Sikkim. From the pleadings it appears that the petitioner entered into a contractual agreement with the Executive Engineer of the Central Public Works Department, Gangtok Central Division, Government of India (hereinafter referred to as E.E., CPWD, GCD) for the purpose of construction of Regional Museum of Natural History at Marchak, Gangtok, Sikkim, following acceptance of tender on 28/7/2016. The total work was estimated to the tune of Rupees twenty-five crores six lakhs seventy thousand three hundred eighty-three and paise forty-seven only. In the said letter of acceptance dtd. 28/7/2016, it has also been stated that the petitioner's letter dtd. 10/6/2016, shall form part of the agreement.

(2.) In paragraph 6 of the petition, it has been stated that the petitioner had completed nearly 95% of the work till date of filing of the petition. From paragraph 11 of the counter affidavit filed on behalf of the respondents by the E.E., CPWD, GCD, it appears from a plain reading thereof that the specific assertion made by the petitioner in paragraph 6 of the petition of having completed nearly 95% of the total work till date, has not been specifically denied.

(3.) Be that as it may, it appears that the petitioner sent several letters to the E.E., CPWD, GCD, requesting for issuance of completion certificate and closure of the contract. From paragraph 14 of the counter affidavit, it appears that there have been several correspondences from the end of the concerned respondent authority also, requesting the petitioner to complete the pending work but according to the respondent, the petitioner had repeatedly neglected to complete the work.