GURUSHARAN SHARMA, J. - (1.) THIS Civil Revision application is directed against order dated 24.7.1999, whereby application filed by petitioner for appointment of Arbitrator under Section 8 of the Arbitration Act, 1940, has been rejected.
(2.) A tender was floated by opposite party Nos. 1 to 3, on behalf of M/s. Bharat Coking Coal Limited. Opposite party No. 4 for earth work in railway formation in embankment with mechanical compaction infilling/ cutting including blanketing, turfing and boulder pitching etc. and construction of retaining wall near Khanudih Railway station, for Madhuband washery siding. Petitioners offer was accepted therefore and on 24.4.1991 an agreement was executed. Petitioner -Company was to commence work within fifteen days from the date of handing over the site and the work was to be completed within twelve months from the date of handing over the site.
(3.) NEITHER any site could be selected by he opposite parties nor handed over to the petitioner and so the work could not be started. However, the petitioner claimed that pursuant to the work order in question necessary arrangements were made so that as soon as site is handed over, the actual working may be started immediately in order to complete the same within twelve months from the date of commencement. For that purpose, the petitioner -company brought vehicles, staffs. technical persons collected machineries and invested a lot on over -head establishments. Petitioner -company approached opposite parties for site several times. In this manner, when finally no site was made available and the work could not be started, petitioner suffered huge loss and damages for idle labour, machineries and also over -head establishment.;