AI Structured Summary
Not yet generated for this judgment
Judgment
K.S. Jhaveri, J.—By way of these petitions, the petition has prayed for the following reliefs:
[a] to allow this application in the interest of justice;
[b] to quash and set aside the judgment and order passed by the Hon''ble designate Judge in Arbitration petition No. 15 of 2001 as per Annexure "D" and the matter may be kindly remanded back to the Hon''ble designate Judge for appointment of the Arbitrators u/s 11(6) of the new Act."
[c] ....
The short facts of the case are that the petitioner''s tender for the work of supply of machine crushed stone ballast in trucks along with railway track and in station yard from 631 kms. to 647 kms. between railway stations Iqbalgarh to Kajoda in connection with Phulra-Marwar-Ahmedabad gauge conversion project was accepted by the Chief Project Manager (Construction), Western Railway, Ahmedabad by his letter dated 04.08.1995. This work was to be completed on or before 30.04.1996. However, the work was delayed. The petitioner alleges that the work was delayed due to fault of the respondents. Therefore, after the notice dated 29.02.1996, the contract was finally rescinded on 09.04.1996. The respondent on 21.12.1998 issued notice to the petitioner to deposit the balance amount within one month. Thereafter, the respondent under Clause 64 of General Conditions of Contract issue notice to settle the dispute and for appointment of Arbitrator u/s 11 of the Arbitration and Conciliation Act, 1996. Hence, this petition.
Heard learned Counsel for the parties. The issue involved in these petitions is squarely covered by the Full Bench decision of the Apex Court rendered in the case of Konkan Railway Corporation Ltd. and Anr. v. Rani Construction Pvt. Ltd. reported in 2002 (1) Abr.LR 326 (SC), wherein the Hon''ble Apex Court has discussed in detail the scope and applicability of Section 11 of the Arbitration and Conciliation Act, 1996. Hence, the view taken by the learned Designated Judge is in accordance with the principle laid down in the aforesaid decision. Hence, I find no reason to interfere in these petitions. The petitions therefore, stands dismissed. Rule is discharged. Interim relief if any, stands vacated.