JUDGMENT :

Heard Mr. GN Sahewalla, learned Senior counsel assisted by Mr. M Sahewalla, learned counsel for the petitioner. Also heard Ms. B Sarma, learned CGC.

2. The present application is filed under Section 11 (6) of the Arbitration and Conciliation Act, 1996. The background fact of the present case can be summarised as follows:

I. Pursuant to a tender process issued by the respondent Railways for execution of work “construction of Sub-structure over pile foundation for major bridges No. 37 (24.4 X 3 Composite Girder) at Ch.13.831 km & Construction of ROB No. 18 at Km 6.1 (Span 1X8.7 m RCC Box), including other ancillary works in between stations Bairabi and Sairang in connection with the construction of new BG Railway Line from Bairabi to Sairang (Mizoram)”, on 01.03.2019 a letter of acceptance was issued by the Railways.

II. Accordingly, a contract was executed into between the parties on 10.01.2020.

III. Subsequently, a dispute regarding the progress of the work was raised by the respondent Railways and accordingly on 10.03.2021, a 7 days notice under Clause 20 of Standard General Condition of contract was issued asking the petitioner to commence the work/ to make good the pr