Back
HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU
SANJEEV KUMAR
H.P.Singh & Co. – Appellant
Versus
Union of India Through Chief Engineer, Construction Northern Railways, Kashmir Gate, Delhi – Respondent
JUDGMENT :
SANJEEV KUMAR, J.
1. This is a petition under Section 11 of the Jammu & Kashmir Arbitration and Conciliation Act, 1997 [“the Act”] for appointment of an independent arbitral tribunal/arbitrator to settle and adjudicate upon the disputes arising out of a contract entered into between the parties, in terms of agreement No.26- A/c/Dy.CE/C/PTK dated 15.07.2009. In terms of an order of allotment dated 14.08.2007 issued by respondent No.3, acting for and on behalf of the President of India, work of loading, leading, unloading and stacking of railway material from Delhi, Uttar Pradesh, Haryana, Punjab, Uttranchal. Jammu & Kashmir and Rajasthan was allotted to the petitioner for a period of six months for an amount of Rs.1,41,28,309.75. The date of completion of the work was initially 13.02.2008 but the same was subsequently extended upto 30.09.2009.
2. It is alleged that the railways did not provide any work order so as to enable the petitioner to execute the contract in time despite the fact that acceptance letter was issued to the petitioner in the year 2007. It is submitted that the work could be started by the petitioner only in the month of August, 2008 and, accordingly, the
Point of law: Signing of “No Claim” Certificate: The contractor shall not be entitled to make any claim whatsoever against the Railway under or by virtue of or arising out of this contract, nor shall....
The court upheld the Doctrine of Severability and Kompetenz-Kompetenz principle, affirming the independence of the arbitration clause from the main contract and the competence of the arbitral tribuna....
Scope of judicial review by court while deciding an application under Sections 8 or 11 of Arbitration Act, post amendments by Act 3 of 2016 (with retrospective effect from 23-10-2015) and even post a....
2020 Rules which came into force from the date of their publication in the Official Gazette, i.e. 12.02.2020, cannot be given retrospective effect. The intention of Government of India to make the 20....
An arbitrator is bound by the terms of a contract and cannot exceed its boundaries; a final bill or 'no claims due certificate' can only be overridden if it was proven to be a result of vitiating fac....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
