ORDER

The Arbitration Request relates to the dispute in respect of construction of Edappally Railway Over bridge between km. 436/380 and km. 438/350 of National Highway 47. Though the tenders were invited and accepted in 2005 and though the period for completion of the contract was 24 months, even now the work is not completed, which adds to the misery of the travelling public. The applicant prays for appointing an arbitrator for resolving the dispute mentioned in the Arbitration Request. The respondents contend that going by the terms of the contract, the dispute is not an arbitrable dispute.

2. On 27.1.2005, the applicant submitted tender, above

25.95% of the estimate rate based on 1999 PWD schedule of rates. The tender was accepted as per Annexure A1 letter of acceptance dated 21.7.2005. According to the applicant, the possession of the work site was handed over on 2.9.2005. The AR No.39 of 2009 2 period for completion of the contract expired on 1.9.2007. According to the petitioner, he has done a major part of the work. This is denied by the respondents. According to them, only 41% of the work was completed as on 22.12.2007, based on the original contract price. Based on the revis