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2023 Supreme(Jhk) 803

SHREE CHANDRASHEKHAR
Diksha Enterprises – Appellant
Versus
Union of India – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: P.K. Bhattacharya.
For the Respondents: Anil Kumar, Pratyush Kumar.

ORDER :

1. Through this Arbitration Application, M/s Diksha Enterprises has approached this Court for appointment of an Arbitrator in terms of the mechanism for settlement of disputes provided under the Indian Railways Standard General Conditions of Contract, July 2014 (in short GCC-14) which forms part of Notice No. W-584/DHN/2014-15/Open/74/2 dated 19th March 2015.

2. The aforesaid tender notice was issued by the East Central Railway for “Renovation of Sounda-B (NCDC) Private Siding under Deposit terms for CCL; track renewal and other ancillary work of Jarandih-I Private Siding at Jarandih under deposit terms for CCL and like works at Bhandaridah as well as some works for extension of New Selected Dhori Private Siding and Renovation of Central Sounda Private Siding.” It is not in dispute that by a communication dated 17th July 2015 some of the works for which the applicant has submitted bid dated 13th May 2015 was accepted and an agreement dated 12th November 2015 was executed by the Divisional Engineer (Siding) E.C. Railway, Dhanbad (for and on behalf of the President of India).

3. The disputes settlement mechanism under the GCC-14 is provided under Clauses-63 and 64 of GCC-14 unde

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