Patna High Court - Orders
Kec- Delco- Varaha- Jv Through Its ... vs The General Manager, East Central ... on 9 November, 2016
Author: Hemant Gupta
Bench: Hemant Gupta
IN THE HIGH COURT OF JUDICATURE AT PATNA
Request Case No.12 of 2016
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Kec-Delco-Varaha- Jv Through Its Authorized Representative Shri
Amarjeet Kumar Singh, Son of Sri Hare Ram Singh, resident of 1st Floor
Building, 9-A, DLF,Cyber City, Phase III, Gurgaon 122002.
.... .... Petitioner/s
Versus
1. The General Manager, East Central Railways, Hajipur
2. The Chief Administrative Officer/Con./North, ECR, Mahendrughat,
Patna.
3. The Chief Engineer/Con./North, ECR, Mahendrughat, Patna.
4. The Deputy Chief Engineer/Con./IV, ECR, Samastipur.
.... .... Respondent/s
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Appearance :
For the Petitioner/s : Mr. P. K. Shahi, Sr. Advocate &
Mr. Vikas Kumar, Advocate.
For the Respondent/s : Mr. D. K. Sinha, Sr. Advocate
Mr. Kumar Manish, Advocate.
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CORAM: HONOURABLE THE ACTING CHIEF JUSTICE
ORAL ORDER
9 09-11-2016The petitioner has prayed for appointment of an independent and impartial Arbitrator to decide the dispute between the parties arising out of agreement dated 11.09.2010.
2. The contract was for the earth work in embankment, construction of major bridges in original/diverted alignment on pile/well foundation, minor bridges, Stations buildings and level crossing between Saraigarh (excluding) to Forbesganj in connection with Saharsa Forbesganj Gauge Conversion Project.
3. During the course of execution of the said contract, the dispute between the parties arose. The petitioner made a request in terms of Clause 47 of the agreement for settlement of the dispute of claim of the contractor vide Patna High Court REQ. CASE No.12 of 2016 (9) dt.09-11-2016 2/3 communication dated 21.01.2016. The said demand is supported by Statement of Claims Annexure-A.
4. In the counter affidavit filed on behalf of the Railways, it is pointed out that the petitioner has defaulted in executing the earth work which is part of the contract and there is no justification for extension of the period of execution of the contract. It was stated in the counter affidavit that the Claim Statement of the petitioner is premature as under clause 63 of the General Condition of Contract, the petitioner has to submit his final claim within 30 days of determination of contract and if the respondents fail to decide the claim within 120 days, the petitioner will demand for appointment of an Arbitrator under clause 64 of the agreement but without availing this remedy, the petitioner has moved this Court.
5. Admittedly, the issues raised in the present petition are the same as are raised in Request Case No. 10 of 2016 (M/S. Param Enterprises (P) Ltd. Vs. The East Central Railways through General Manager and others) decided on 09.11.2016. For the reasons recorded in the said case, the present petition stands allowed in the same terms as of M/S. Param Enterprises (P) Ltd (supra).
The parties shall give the names of three former Judges of this Court out of which this Court shall appoint one as the Arbitrator.
Patna High Court REQ. CASE No.12 of 2016 (9) dt.09-11-20163/3
List this case on 16.11.2016 under the heading "For Orders" for giving such list.
(Hemant Gupta, ACJ) Amin/-
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