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2015 Supreme(Ori) 176

AMITAVA ROY
Jagannathdham Superstructures Pvt. Ltd. – Appellant
Versus
General Manager, East Coast Railways – Respondent


ORDER :

Appointment of an arbitrator under section 11(6) of the Arbitration and Conciliation Act, 1996 (for short hereinafter called the Act) has been sought for in the instant petition.

2. I have heard Mr. B. B. Mishra, learned counsel for the Mr. P. K. Mishra, learned counsel for the opposite parties.

3. The factual backdrop in short, indispensable for adjudication of the instant petition, is that the petitioner was awarded the work Additional Loop at Baitarini Road & Manjuri Road under Khurda Road Division in East coast Railways; Execution of Earth work; Minor Bridges and other Misc. works at Baitarini Road and Manjuri Road. The total value of the work was Rs. 1,59,84,198.00 and was to be completed within a period of 08 months i.e. between 19-01-2006 and 18.09.2006. The petitioner has admitted that the works got delayed for various reasons, which according to it, were due to the lapses of the opposite party. It has averred that the opposite party not only introduced occasional variations in the nature and scope of the works, but also created hindrances in payment. The petitioner therefore being without any alternative, had to seek extension of time which was granted till 15.06.200































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