LAWS(ALL)-2020-11-45

VIDYAWATI CONSTRUCTION COMPANY Vs. UNION OF INDIA

Decided On November 17, 2020
Vidyawati Construction Company Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) This appeal under Section 37 of the Arbitration and Conciliation Act, 1996 (for short "Act 1996") has been filed assailing the judgment and order dated 09.09.2013 passed by District Judge, Allahabad allowing objection under Section 34 of the Act, 1996 in Arbitration Case No. 25 of 2008, Union of India vs. M/s. Vidyawati Construction Company, against award dated 21.02.2008 made by the sole arbitrator.

(2.) Facts in nutshell, are that appellant was awarded a contract for construction of multistorey RCC frame building complex ( Ground + 3 stories) for office of General Manager, Railway Electrification, Allahabad (now Prayagraj) for total cost of Rs.87,76,517/-, and a letter of acceptance of contract was issued on 13.03.1989. Due to administrative reasons, awarded work was reduced from G+3 to G+2 and original cost was revised and reduced to Rs.66,32,912/- and the work was to be completed within 18 months (i.e. by 18.09.1990). However, actual work was completed on 31.05.1993, and final amount paid to the appellant was Rs.68.77 lacs.

(3.) Appellant submitted his final bill for Rs.4,26,54,807/- on 15.04.1994. As respondents did not make full payment hence on 18.05.1996, appellant invoking the arbitration clause sent a registered letter requesting that panel of arbitrators under Clause 64(3)(b) of General Condition of Contract be forwarded to them for selection of an arbitrator. The respondents authorities on 27.06.1996, 07.10.1996 and 17.01.1997, through the said letters required details of the claim made by appellant.