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2021 Supreme(Raj) 145

DINESH MEHTA
Samaritan Consultancy And Tech. Services – Appellant
Versus
Union Of India, Through The Secretary To The Govt. Of India Ministry Of Railways, Rail Bhawan New Delhi – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. Hardik Gautam
For the Respondent: Mr. Deepak Vyas

JUDGMENT :

1. The instant application under section 11 of the Arbitration & Conciliation Act, 1996 (hereinafter referred to as “the Act of 1996”) has been filed by the applicant inter-alia praying that an Arbitrator be appointed in terms of Standard General Conditions of Contract for resolution of the dispute between the applicant and the respondent – Railway.

2. Shorn of unnecessary details, the facts are that the applicant submitted his tender/offer dated 27.04.2016 with respect to NIT No.3 of 15-16 for the work of “Design, Supply, Installation, Testing & Commissioning of (VVVF type) Dyna drive for load sharing test of AC Coach and testing of 25 kW Alternator in New AC POH shop at Railway Carriage workshop Jodhpur.”

3. An agreement dated 29.07.2016 was executed between the applicant and the Union of India through respondent No.2 – General Manager, North Western Railway, Jaipur. The contract aforesaid was governed by Indian Railways Standard General Conditions of Contract issued in July, 2014.

4. Finding that the applicant’s progress in the work was not up to the mark, the respondent No.3 issued various letters/notices to the applicant to accelerate the work. Regardless of those lette

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