FATEH DEEP SINGH,J. - (1.) The matter has been taken up through video-conferencing on account of lockdown due to outbreak of pandemic COVID-19.
(2.) M/S J and K Project Construction Corporation Limited (petitioner before the Court below, in short 'the Corporation') is a Company incorporated under the Jammu and Kashmir Companies Act 1977 and is primarily carrying on business of execution of civil works. The Northern Railways (respondents before the Court below, in short 'the Railways') with Head Quarters at New Delhi flouted tenders for inviting applications in regard to blanketing with river bed material from Chakki river and earthwork in formation, embankment and cutting including mechanical compaction and construction of minor bridges of RCC boxes, RCC slabs, hume pipes and other allied works between Cholang to Mukerian to facilitate doubling Jalandhar Cantt-Pathankot-Jammu Section of the Railways.
(3.) In pursuance of this, a written contract was executed between the parties on 26.02.2004. It is worthwhile to mention here that respondents have enacted through its Engineering Department Works Hand Book enumerating the regulations of tenders/contracts as well as general conditions of the contract. Under the same, by way of Clause 64(7) provides for appointment of Arbitrator in case of any dispute arising out of such contract, which would be governed by the provisions of Arbitration and Conciliation Act 1996 and Rules (in short 'the Act') framed thereunder. Further with the stipulation that any statutory modification thereof shall apply to the Arbitral proceedings by way of this clause.;