GAHC010018422025

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THE GAUHATI HIGH COURT

(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

Case No. : Arb.P./8/2025

M/S RAITANI ENGINEERING WORKS PVT LTD

A COMPANY CONSTITUTED UNDER THE INDIAN COMPANIES ACT, 1956

HAVING ITS REGISTERED OFFICE AND HEAD OFFICE AT CAMPUS OF M M

CHOUDHURY, P B ROAD, REHABARI, GUWAHATI, ASSAM, PIN-781008

REPRESENTED BY ONE OF ITS DIRECTORS SRI MAYUR RAITANI, S/O SRI

ANAND RAM RAITANI, R/O 4TH FLOOR, NIRMAL SAGAR APARTMENT,

OLD POST OFFICE LANE, REHABARI, GUWAHATI-781008, DIST- KAMRUP

(M), ASSAM

VERSUS

THE UNION OF INDIA AND 3 ORS

REPRESENTED BY THE GENERAL MANAGER (CONSTRUCTION), N.F.

RAILWAYS, MALIGAON, GUWAHATI, DIST- KAMRUP (M), ASSAM, PIN-

781011

2:THE GENERAL MANAGER (CONSTRUCTION)

N. F. RAILWAYS

MALIGAON GUWAHATI

DIST- KAMRUP (M)

ASSAM

PIN-781011

3:THE CHIEF ENGINEER/CON-I

N.F. RAILWAYS

MALIGAON GUWAHATI

DIST- KAMRUP (M)

ASSAM

PIN-781011

4:THE DEPUTY CHIEF ENGINEER/CON-I N.F. RAILWAYSI MALIGAON GUWAHATI DIST- KAMRUP (M)

ASSAM PIN-78101 Advocate for the Petitioner : MR. A BISWAS, S PAUL,MR R KALITA,MR P K BASU Advocate for the Respondent : DY.S.G.I., BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA

ORDER

04.12.2025 Heard Mr. A. Biswas, learned counsel for the petitioner and Mr. H Gupta, learned CGC appears for the respondents.

2. This is an application under Section 11(6) of the Arbitration and Conciliation Act, 1996 filed by the petitioner.

3. The petitioner company is a private limited company, namely, M/s Raitani Engineering Works Pvt. Ltd incorporated on the companies of 1956, having its registered office in Rihabari, Guwahati. The petitioner is engaged in various civil works, constructions under various state and central departments, including the railways. In the present writ petition, the petitioner is represented by one of its directors who is duly authorised. A Contract Agreement No.CON/LGM-SCL/1701 was executed by and between the petitioner and the respondents on

12.04.2013. The work was duly completed by the petitioner and the final completion certificate was also issued on 31.10.2015, by the Deputy Chief Engineer/ CON/ IV/ SCL, NF Railway. The said certificate reflects that physical progress of 100% work has been completed and part of the payment has already been made and the final bill is under process. After the execution of the contract, according to the petitioner, certain disputes have arisen and accordingly, a communication dated 03.05.2024 was issued to the Chief Engineer/CON/ I, relating to the final claim, amount of Rs.1,17,39,847/- (Rupees One Crore Seventeen Lakh Thirty Nine Thousand Eight Hundred Forty Seven only) arising out of the Contract Agreement dated 12.04.2013. The final claim raised by the petitioner has been reflected in the said communication. The claims of the petitioner have been shown under six different heads. Pursuant to the said communication dated 03.05.2024, the Railways, informed the petitioner by communication dated 18-06-2024, whereby their final PVC Bill was returned for re-calculation as per clause 40.5 of the contract agreement. This rectified PVC Bill was again subsequently submitted on 24.06.2024. However, since these claims were not redressed, the petitioner issued a notice dated 05.10.2024 to the respondents under the provisions of Arbitration and Conciliation Act, 1996. This was replied to by the Deputy Chief Engineer/ CON/HQ by communication dated 23-01-2025 that this notice could not have been issued without first resorting to Clauses-63 and 64 of the General Conditions of Contract in the said Agreement. Under such circumstances, the petition under 11(6) of the Arbitration and Conciliation Act, 1996 has been filed.

4. Learned counsel for the petitioner submits that the petitioner has approached this Court under Section 11 of the Arbitration and Conciliation Act, inasmuch as, that, in spite of the disputes having arisen and the notices having been issued, the respondents have failed to refer the matter to arbitration as per the terms of the contract and t