AP No. 158 of 2009
IN THE HIGH COURT AT CALCUTTA
Ordinary Original Civil Jurisdiction
PAM DEVELOPMENTS PVT. LTD.
UNION OF INDIA & ORS.
Mr. Sakya Sen, Adv. appears.
The Hon'ble JUSTICE SANJIB BANERJEE
Date : 4th March, 2010.
The Court : None appears on behalf of the respondents even at the second call. No affidavit in opposition has been filed in Court though the petitioner says that a copy of an affidavit has been forwarded to the petitioner.
The petitioner invokes clause 64(3)(a)(ii) of the general conditions governing railway contracts on account of the value of the claim.
The petitioner says that the final claim within the meaning of clause 64(1)(i) of the general conditions was presented on October 1, 2008. In terms of the arbitration agreement, the contractor was entitled to make a demand in writing for reference to arbitration after the expiry of 120 days from the date of presentation of the final bill and within 180 days thereof. The petitioner made the demand in writing on February 2, 2009 which appears to have been received by the appointing authority. 2
The petitioner says that a panel of nominees was forwarded to the petitioner on or about June 16, 2009 even after the copy of the affidavit in opposition was supplied by the respondents to the petitioner. Since the arbitration agreement cannot be disputed as the respondents sought to forward a panel of arbitrators and since the appointing authority did not act with due despatch despite receipt of the demand for a reference made on February 2, 2009, A.P. No.158 of 2009 is directed to be placed before the Hon'ble Designate of the Hon'ble the Chief Justice for constituting an arbitral tribunal to adjudicate upon the disputes between the parties covered by the arbitration agreement. There will be no order as to costs.
Urgent certified photocopies of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities.
(SANJIB BANERJEE, J.)