BALMUKUND PANDEY Vs. V K SINGH

JUDGEMENT

(1.) THIS petition, under Article 226/227 of the Constitution, is directed against the termination of arbitral proceedings and also for a direction against the respondent for payment of rupees one crore as damages to the petitioner.

(2.) THE petitioner is a contractor by profession and he, despite having not much knowledge of law, himself wanted to plead his case. I, therefore, appointed Shri Sheel Nagu, Advocate, not only to assist this Court as Amicus Curiae but also the petitioner.

(3.) BRIEFLY stated the facts giving rise to this petition are that during the period from 1987-88 to 1992-93 the petitioner was awarded the following five contract works by the Northern Coalfields limited (in short, "the NCL") : (1) Construction of gas platform at singrauli (2) jungle cutting in connection with Ministers visit (3)approach road for newly constructed shed at Singrauli (4)construction of pathway in all types of quarters at Jayant Project, and (5) cleaning of over head tank of residential and non-residential building and elevated reservoir at Jingurdah. Since a dispute arose between the petitioner and the NCL regarding the contract work the petitioner made various representations between 1988 to 1998 for the clearance of his pending bills. The record reveals that in none of these representations he made any prayer for the appointment of arbitrator for resolving the dispute as per the Arbitration Clauses in the agreements. The petitioner, however, for the first time made a request for the appointment of an Arbitrator vide representation dated 21. 10. 1998 pursuant to which Chief Engineer (Civil) was appointed as the sole Arbitrator vide order dated 20. 9. 2004 under the provisions of the Arbitration And Conciliation Act, 1996 (in short, "the Act 1996" ).