Track Construction Of India vs Union Of India & Others
2014 Latest Caselaw 4714 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 4
 

 
Case :- ARBITRATION AND CONCILI. APPL.U/S11(4) No. - 26 of 2007
 

 
Applicant :- Track Construction Of India
 
Opposite Party :- Union Of India & Others
 
Counsel for Applicant :- A.K.Mishra,Vrindavan Mishra
 
Counsel for Opposite Party :- Govind Saran
 

 
Hon'ble Surya Prakash Kesarwani,J.

1.     Heard Sri Vrindavan Mishra, learned counsel for the applicant and Sri Govind Saran, learned counsel for the respondents.

2.     Sri Vrindavan Mishra submits that despite notice, the respondents have failed to appoint arbitrator in terms of Clause 63 of the general terms and conditions of the contract which provides for appointment of arbitrator excluding the "excepted matters". He submits that a copy of notice which has been filed as Annexure 3 which  clearly reveals that none of the  disputes  fall under "excepted matters". 

3.     On the other hand, Sri Govind Saran draws attention of this Court  to Annexure CA-6 which is a letter of the Deputy Chief Engineer, dated 28th March, 2007 wherein the claim of the applicant  is to be under the "excepted matters" as provided in Clause 61(2) of GCC 1999 as well as Clause 64(6) and Clause 16(3). He also draws the attention of this Court to Clause 61(2) of the GCC 1999 filed along with affidavit dated 6th March, 2014. A bare perusal of this clause shows that it is applicable only on determination or termination of the contract by the Railway. On a query put to Sri Govind Saran that when the contract was determined or terminated by the Railway, he prays for time.

4.     As prayed put up on Monday, i.e., on 25th August, 2014.

Order Date :- 21.8.2014

Mukesh

(Surya Prakash Kesarwani,J. )