ARB.P. 763/2020

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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ARB.P. 763/2020

RAJ SHARMA

..... Petitioner

Through

Mr. Avinash Kumar Trivedi,

Adv.

versus

THE GENERAL MANAGER, N. RLY

..... Respondent

Through

Mr. Jagjit Singh, Sr. Standing

Counsel with Mr. Preet Singh

and Mr. Vipin Chaudhary,

Advs.

CORAM:

HON'BLE MR. JUSTICE C. HARI SHANKAR

O R D E R(ORAL)

%

15.04.2021

(video-conferencing)

C. HARI SHANKAR. J.

3.

The substratum of the disputes is contained in paras (i) to (xii)

ARB.P. 763/2020

1.

The reply, to this petition, though stated to have been filed, is

not on record. However, Mr. Jagjit Singh, Sr. Standing Counsel for

the respondent, has addressed arguments in the absence of the reply.

2.

The petition merely seeks reference of the disputes between the

petitioner and the respondent to arbitration under Section 11(6) of the

Arbitration and Conciliation Act, 1996 (“1996 Act”).

2021:DHC:1353

ARB.P. 763/2020

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of para 7 of the present petition. However, as there is no contest

regarding the arbitrability of the dispute, it is not felt necessary to

reproduce the said paragraphs.

4.

Clause 64 of the General Conditions of the Contract (GCC)

applicable to the contracts with the railways, provides for arbitration

as the mode of resolution of disputes. Sub clause (1)(i) to (1)(v) and

(3)(b) of Clause 64 of the GCC may be reproduced thus:

“64.(1): Demand For Arbitration:

64.(1)(i): In the event of any dispute or difference between

the parties hereto as to the construction or operation of this

contract, or the respective rights and liabilities of the parties

on any matter in question, dispute or difference on any

account or as to the withholding by the Railway of any

certificate to which the contractor may claim to be entitled to,

or if the Railway fails to make a decision within 120 days,

then and in any such case, but except in any of the "excepted

matters” referred to in Clause 63 of these Conditions, the

contractor, after 120 days but within 180 days of his

presenting his final claim on disputed matters shall demand in

writing that the dispute or difference be referred to

arbitration.

64.(1)(ii)(a) The demand for arbitration shall specify the

matters which are in question, or subject of the dispute or

difference as also the amount of claim item-wise. Only such

dispute or difference, in respect of which the demand has

been made, together with counter claims or set off, given by

the Railway, shall be referred to arbitration and other matters

shall not be included in the reference.

64.(1)(ii)(b) The parties may waive, off the applicability of

sub-section

12(5)

of

Arbitration

and

Conciliation(Amendment) Act 2015, if they agree for such

waiver, in writing, after dispute having arisen between them,

in the format given under Annexure XII of these conditions.

2021:DHC:1353

ARB.P. 763/2020

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64.(1)(iii)(a) The Arbitration proceedings shall be assumed to

have commenced from the day, a written and valid demand

for arbitration is received by the Railway.

64.(1)(iii)(b) The claimant shall submit his claim stating the

facts supporting the claims alongwith all the relevant

documents and the relief or remedy sought against each claim

within a period of 30 days from the date of appointment of

the Arbitral Tribunal.

64.(1)(iii)(c) The Railway shall submit its defence statement

and counter claim(s), if any, within a period of 60 days of

receipt of copy of claims from Tribunal thereafter, unless

otherwise extension has been granted by Tribunal.

64.(1)(iii)(d) Place of Arbitration: The place of arbitration

would be within the geographical limits of the Division of the

Railway