Pratibha Bonnerjea, J. - (1.) THE Union of India has taken out the present application under Section 33, Arbitration Act, for a declaration that the contract dated 26-11-1965 came to an end with the reconstitution of the respondent in December, 1970.
(2.) THE history of the case is as follows:--Admittedly Bilas Singh and Co., was a partnership firm, established in June 1964 with four partners and having registration No. 39935. This 1964 firm entered into an agreement with the petitioner ia writing, being contract No. 119J/KB, dated 26-11-1965 for execution of D. B. K. Railway Project on terms and conditions contained in the said contract. One of the terms thereof was: "..... any change in the constitution of the firm shall be forthwith notified by the contractor to the Engineer." Bilas Singh and Co., completed the said work in June 1968. The contract dated 26-11-1965 contained am arbitration clause. Disputes and differences having arisen out of the said contract, Bilas Singh and Co. filed a special suit in 1970 under Section 20, Arbitration Act, and obtained an award. The said award was satisfied by payment by the petitioner. On 16-4-75, Bilas Singh and Co. made additional claims in connection with the said contract which were disputed by the petitioner. Under the circumstances, on 29-9-75 the said firm made another application under Section 20, Arbitration Act. being Special Suit No. 41 of 1975 and on the said application an order was made for reference on 7-5-76 after contest. The petitioner preferred an appeal therefrom but lost the same. The petitioner thereafter made a special leave petition which was dismissed by the Supreme Court. Subsequently the petitioner made an application for removal of the joint arbitrators and got a sole arbitrator appointed by Court. On 7-7-81 the petitioner again applied for removal of the sole arbitrator but failed to obtain any order. The reference, thereafter, admittedly proceeded and the petitioner took part therein. According to the petitioner, on 4-12-81 it carae to know for the first time that the constitution of the firm Bilas Singh and Co. had been changed on 15-12-70 but in breach of the express term of the said contract, Bilas Singh and Co. did not inform the petitioner; about the said change.
(3.) IN March, 1983, the petitioner took out this present application under Section 33, Arbitration Act, praying for a declaration that the contract No. 119J/KB dated 26-11-65 containing the arbitration clause came to an end with tile reconstitution of the firm Bilas Singh and Co. on 15-12-70. The change in the constitution of the firm on 15-12-70 is not denied by the respondent but it is alleged in the affidavit-in-opposition that it is the old firm who has been prosecuting the arbitration proceeding for recovery of its dues under the contract and the reconstituted firm of 1970 has nothing to do with the said claims before the arbitrator.;