Tripura High Court
Sri Arun Kumar Dey vs The Oil And Natural Gas Corporation ... on 2 April, 2025
Page 1 of 4
HIGH COURT OF TRIPURA
_A_G_A_R_T_A_L_A_
ARB P No.05 of 2025
Sri Arun Kumar Dey, contractor
...... Petitioner(s)
VERSUS
The Oil and Natural Gas Corporation Limited (ONGC) and another
...... Respondent(s)
For Petitioner(s) : Mr. Abjijit Sengupta, Advocate.
For Respondent(s) : None.
HON'BLE THE CHIEF JUSTICE MR. APARESH KUMAR SINGH
=O=R=D=E=R=
02/04/2025
Petitioner has invoked Clause 25.1.2 of the agreement dated
27.01.2022 entered into between the parties pursuant to tender No.TC2EC
21003 floated for execution of the work 'Board purchase for construction of
seven numbers of drill sites, its drill site accommodation and its approach
road for drilling for exploratory location of Tripura Asset, ONGC'.
Petitioner was awarded work for execution of three numbers of drill sites for
a total value of Rs.8,56,33,802/- i.e. Rs.2,85,44,600/- for each site. The
stipulated period of the work was 12 months from the date of handing over
of the first site. The agreement was executed on 27.01.2022. Petitioner
deposited performance bank guarantee of Rs.25,69,015/- on 07.12.2021 in
favour of GM (Mechanical), I/C, Tender and Technical Cell Engineering
Service, ONGC, Tripura Asset. However, petitioner was handed over only
two numbers of drill sites, namely, BMST and ROBJ.
It is submitted by learned counsel for the petitioner that
petitioner completed the said work to the satisfaction of the ONGC and
handed over two sites to them. Though petitioner submitted bank guarantee
for three sites but third site was not handed over to him till then. Petitioner
made reminders for handing over the third site as a result of which he had
been incurring overhead expenses. He was informed vide letter dated
07.06.2024 that the third site will not be handed over to him since the
contract period was for one year which is already over. Petitioner denied the
allegations vide his letter dated 30.08.2024 (Annexure-4). Petitioner claimed
10% of the expected profit for non-execution of the work amounting to
Rs.28,54,460/- from the respondent-ONGC. Petitioner submitted his demand
contained in letter dated 31.08.2024 (Annexure-5) for a claim of
Rs.33,34,460/- for loss of profit and remuneration of site engineer and
supervisor. Thereafter, he submitted an application for referring the dispute
to the respondent-ONGC under Arbitration Clause 25.1.12 (Annexure-6)
dated 14.11.2024.
The respondent-ONGC asked the petitioner to submit
application for mediation/re-conciliation vide communication dated
07.01.2025. On 03.05.2024 petitioner found that an amount of
Rs.46,00,069.85/- was credited to his account against the bill dated
21.03.2024 but they were short in payment of his full bills. On verification it
was found that an amount of Rs.77,55,760/- has been deducted from his bills
without assigning any reason. Thereafter, petitioner filed a writ petition
bearing WP(C) No.500 of 2024 which was disposed of vide judgment dated
26.07.2024 directing the respondent-ONGC to consider his case in the light
of his legal notice dated 14.05.2024 within a period of two months
(Annexure-11). The respondent-ONGC replied vide communication dated
06.11.2024 that the amount of Rs.77,55,760/- has rightly been recovered
from his bills as per the terms of the contract (Annexure-12).
Petitioner again submitted an application for reference of the
dispute for arbitration under Clause 25.1.12 vide letter 18.01.2025
(Annexure-14). The respondents have once again asked him to submit
application for conciliation/mediation vide letter dated 12.02.2025
(Annexure-15). However, learned counsel for the petitioner submits that
since the petitioner has opted to invoke the Arbitration Clause he is not
inclined to go for mediation/conciliation through Outside Expert Committee
(OEC). The details of the disputes have been furnished at paragraph 6 in the
form of a chart. Earlier, the petitioner had approached this Court in
Arbitration Petition No.01 of 2025 for reference of the dispute to an
independent arbitrator but the same was withdrawn vide order dated
19.02.2025 as the entire claims were not incorporated in the petition.
Thereafter, the present petition has been filed by the petitioner.
Learned counsel for the petitioner submits that in these facts
and circumstances in view of the Arbitration Clause entered into between the
parties, since the respondents have not nominated an arbitrator he has been
compelled to approach this Court under Section 11(6) of the Arbitration and
Conciliation Act, 1996.
Issue notice upon the respondents under ordinary process and
speed post for which requisites be filed within one week.
Notice is made returnable within 4(four) weeks.
(APARESH KUMAR SINGH) CJ
DIPESH DEB DEB
Date: 2025.04.03 14:04:20
+05'30'
