UNION OF INDIA Vs. K K BUILDERS AND ENGINEERS PVT LTD
LAWS(GAU)-2018-4-58
HIGH COURT OF GAUHATI
Decided on April 27,2018

UNION OF INDIA Appellant
VERSUS
K K Builders And Engineers Pvt Ltd Respondents

JUDGEMENT

Mir Alfaz Ali, J. - (1.) This appeal u/s 37 of the Arbitration and Conciliation Act, 1996 is directed against the judgment and order dated 09/09/2010 passed by District Judge, Kamrup in Misc. Arb. Case No. 184/2007, filed by the respondent, against the award of Arbitral Tribunal dated 24/02/2007 in respect of Contract No. SE/473 dated 21/02/2002, whereby the learned District Judge dismissed the application u/s 34 of the Arbitration and Conciliation Act, 1996 filed by the appellant herein with modification in the rate of interest.
(2.) The brief facts leading to the present appeal which may be relevant for disposal of this appeal are that the respondent was awarded with a contract by the appellant vide Contract No. SE/473 for the works on MG/TSR (P) for 4.48 km, from 121.80 to 123.80 km; 124.60 to 127.20 km, 128.00 to 130.50 km and 13.50 to 134.00 km in Lumding-Badarpur section and the nature of works was to replace the wooden sleepers by pre-stressed concrete sleepers.
(3.) The dispute having arisen between the parties for termination of the contract on risk and cost terms, the respondent approached the Divisional Manager (Works), Lumding for appointment of arbitrator as per terms of the contract. Despite receipt of notice, no arbitrator was appointed by the appellant, and as such, the respondent approached the Hon'ble Chief Justice of the Gauhati High Court and the Hon'ble Chief Justice in the exercise of power u/s 11 of the Arbitration and Conciliation Act, appointed Justice Smt. Meera Sharma (retd.) as sole arbitrator. The sole arbitrator made the award on 24/2/2007.;


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