ARUN KUMAR DEY Vs. OIL AND NATURAL GAS CORPORATION

JUDGEMENT

(1.) Heard Mr. A. Sengupta, learned counsel appearing for the petitioner and Mr. Jyotirmoy Das, learned counsel appearing for the respondent-ONGC.

(2.) In terms of Clause 25 of the agreement dtd. 26/6/2018 in relation to execution of the work "Renovation of Dispensary building at Badharghat Complex, ONGC Tripura Asset, Agartala", petitioner has invoked Sec. 11(6) of the Arbitration and Conciliation Act, 1996 as amended for appointment of an independent and impartial arbitrator by this Court in the present application. He had approached the competent authority vide letter dtd. 18/10/2023 (Annexure-4) to which the respondents have replied through letter dtd. 4/1/2024 (Annexure-5). He invoked the Arbitration clause vide Annexure-6 dtd. 10/4/2024. The same was replied by the respondents on 13/5/2024 (Annexure-7). The claims raised by the petitioner are furnished under paragraph-5(x) and are extracted hereunder:

(3.) Learned counsel for the petitioner submits that the respondents do not have right to deduct EPF contribution from the pending bills of the petitioner. This claim is, therefore, in the arena of dispute and arbitrable apart from the other claims of refund of certain amounts recovered as liquidated damages from the bill of the claimant contractor and towards water charges, i.e. Rs.3,71,587.00 and Rs.33,554.00. Over and above these claims, petitioner is also entitled to interest over the admissible amount. Reference is made to Clause 25 and specifically Clause 25/1/12 which stipulates that if the parties are not able to resolve the dispute through OEC or do not opt for conciliation through OEC, the party may invoke arbitration clause as provided in the contract. He submitted that the respondents are unnecessarily trying to wriggle out of the arbitration clause by excluding the claim of Rs.1,00,000.00 allegedly deducted by them against EPF dues of the contractor. The respondents are unnecessarily trying to harp upon Clause 25.2 by excluding the claim relating to EPF dues to bring the disputes or claims of a value less than Rs.5,00,000.00. The above stand of the respondents itself shows that it is a dispute between the parties and can very well be referred for arbitration. Therefore, this dispute is arbitrable and fit for independent adjudication by an impartial arbitrator appointed by this Court.