A.K.SIKRI J. - (1.) THE petitioner has filed the instant application under Section 11 of the Arbitration & Conciliation Act, 1996 (hereinafter referred to as 'the Act'), seeking appointment of an Arbitrator to adjudicate the disputes/differences which according to the petitioner have arisen out of agreement No. 607/ASR dated 04.-03.2008 which was entered into between the applicant and the Railways.
(2.) IT is not in dispute that as per Clause 64 of the General Conditions of Contract, such disputes and differences are to be adjudicated upon by the Arbitrator appointed by the competent authority of the Railways. The respondent has infact even appointed an Arbitrator on the demand of the applicant herein. However, only one claim, namely, Claim No.1, which is in the sum of Rs. 40,000/- on account of the alleged wrong and illegal deductions from the final bill, that is referred. In the present petition, the applicant has raised as many as seven claims. The applicant wants that that claims also to be referred to the said Arbitrator. The stand of the respondent is that these are 'excepted matters' referred to in Clause 63 of the General Conditions of Contract and because of that reason the claims are not referred.
(3.) ARBITRATION Clause as per the General Conditions of Contract is Clause 64 (1) (i) which reads as under:- "64(1)(i) : Demand for Arbitration:- In the event of any dispute or difference between the parties hereto as to the construction or operation of this contract, or the respective rights and liabilities of the parties on any matter in question, dispute or difference on any account or as to the withholding by the Railway of any certificate to which the contractor may claim to be entitled to, or if the Railway fail to make a decision within 120 days, then and in any such case, but except in any of the 'excepted matter' referred to in clause 63 of these conditions, the contractor, after 120 days but within 180 days of his presenting his final claim on disputed matter, shall demand in writing that the dispute or difference be referred to arbitration." ;