IN THE HIGH scum OF Jumcmmm OF cmmlsem AT Blnmnn SINGLE BENCH In the matter of M.c.£.(Arhitration) No. [/(Lo; 2005 Petitioner/ : Purshothamdas s/o Bamniwasfuaheshwari, Applicant aged about 64 years, occupation- contractar, 3/0 Vinoba Nagar, 3i1aspura - Vrs. - Respondent/ ‘ : 1) Union of India,Ministry of Railways, Non-applicant t , Represented by the General‘Hanager, South East Central Railww, £iv1siona1 Engineer( East ), South East Gentral Bailway,’ Bilaspur. gETITION FOR APPQINTMENT OF SGLE ARBITRATO3 UNDEE PBQVISIONS OF SECTIGN 11 6F ABBI'I‘RATIQN Am) CONCILIATIMI ACT 1996 013x Bilaspur. ”(‘63 [xvz‘gx M59 2) Union or inniammistry or Railways, '\-"‘ .LNwQ‘ ‘ Represented by ,the Senior w ““3 WK WW,W,W XI-HC—78 ; ‘ M:...Qr.’mg..1..Q£Q.‘....Lg;.f.nai 200 b/ anagram (W) ‘ mmirg‘am mmm assimm ;q 27.06.2007 Shli Pankaj Agawal, coursel for the applicant. Shri Amit Choudhary, Standing counscl for the respondmts. ie's, the matter was mlally heard. With the consent of the ‘l The applicant has $ed arbitrator under Section 11 of 1996 (hereinafter referred to a$ . petition that the respohdents a oepted Omar of the petitioner and the work order together with Contract and Specihcations Schedule, Special Conditions of h was issued by the Additional Divisional Railway Manager, Bile spur on 06.1 1.2002 for execution of work pertaining to “Supply, delivery and stacking of 75,000 M3 Machine crushed track ballast norn outside Railway—land at' Belpahad Depot under the jurisdiction of ADENI Raigarh and loading the same into Railway Wagons”. The work was to be completed Within a period of 24 calendar months including monsoon period n‘om the date of issue of acceptance letter. Case of the petitioner is that after issuance ofwork order the petitioner faced diihculty in commencing the work as there was - opposition from local residents and public agitation against the iepot formation, which took place in presence f respondentsI authorities. t p w c o XI-HC—78 EW,WW,W V m “200 mm (mi mwm Wwgm mmfaw‘g am m rised about the diEculties faced through various letters to the authorities of Howevar: the railway administration was insisting f0 éommencement of supplies from the same deyot, but due to voidable situations beyond the control of petitioner, supplies ider the contract could not be .2004 was served on railway administration through the nior Divisional Eng'neer (East) South East Central Railway, a r eEected. A notice dated ‘25. e i s u ‘ t r t S.K,Tiwari, former Judge of the High Court, residing at Bila pur had been proposed by the petitioner, however, the arbitra or was not appointed as proposed. In these circumstances, presen application has been nled. railway administrau'on has not agreement en petitioner and railway administration and has also disputed that agreement between the parties contains arbitratio clause and further adm itted that a dispute arising out of contra t agreement between the parties existed which-can be referred to the panel of arbitrators as per arbitration clause in the agr laspur as per Clause 63 of the conditions of contract which lates the arbitration clause and requested respondents to app an arbitrator for adjudicating the dispute arising out of the cont agreement. In reply to the petiti disputed the n nt and accordingly the panie of p 0 o i o , b e e e XI—HC—78 WW,W,W Wm Irv; 200 anagram (W) Mmm ammm mm mW éhafcmm WWW at‘ panel of arbitrators has baen . pctitioner. Thus with the consent o the parties, I hereby constitute arbitration tribunal consisting of the following members for settlmg the dispute between the parties:— Shri S.B.Nmawe CGE/ SE /BSP Shn‘ R.s.s(mkax enemy ECR/BSP smi R.K.Roy (moon); SE R/BSP All the members of the Ar itration Tribunal may settle their tmms and cond1’uons and remun anon :proposed for considcration of the V/ I have heard learned coun 361 ,for the parties and perused the application, reply and 'mater available on record and I am satisfled that the caSe for appoi nt of arbitrator is made out. Learned counselfor both parties submit that they have no objection if an arbitration tribunal consisting of following members is constituted and dispute is referred to the said arbitration tribunal for adjudica on :- (80 (b) (Cl Shri S.B.Ninawe CGE} SE R/ BSP Shri R.S.Sonkar CE)Con.),I ECRIBSP Shri R.K.Roy CE(Con.)/SE R/BSP (a) (b) (C) i r e e mm vi 200 mm (W) mmiwm %$i‘i"ati3m%¥r margam Registry to iniimate the members of Arbitmh'on Txibunal about their appointment d send all the papers along with addresses of the parties. y Parties are also' d' cted to approach the Arbitratio Tribunal, Who are presentl residing at CGE, South East Central Railway, Bilaspur, CE)Con.) South East Central Railway, Bilaspur 8a CE(Con.), South East Ce tral Railway, Bilaspur and to submit papers and to take part in e arbitration proceeding—L/N‘ép/y‘,’k- f/ Sd/- Dhirendra Mishra Judge k n