M/S Neha Constructions,Nagpur, Through Its Proprietor Shri Dilip Belsare v. Chief Project Director, Railway Electrification, Nilayam And Others

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR Misc. Civil Application (Arbn) No. 378 of 2023 Ms. Neha Constructions, through its proprietor Shri Dilip Belsare

Versus

Chief Project Director, Railway Electrification, Secunderabad (Telangana) and another Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Shri V.V.Bhangde, Advocate for the applicant. Shri S.A.Choudhari, Advocate for the non-applicant nos. 1 and 2.

CORAM : ANIL S. KILOR, J.

DATED : 21st JULY, 2023.

On 25th May, 2015 an agreement between applicant and non-applicant no.1 to design, supply, construct and commission 132 KV 2 phase trasmission line on double circuit towers from 132 K.V. grid substation of MSETCL at Bramhapuri to 132/25 K.V. railway traction sub-station at Nagbhir railway station on total turnkey basis, was executed.

2.

It is the case of the applicant that the applicant completed the work as provided under the agreement, however, while executing the contract certain issues arose which delayed execution and

completion of work, which according to the applicant were created due to the negligence of railway employees and could have been avoided. This resulted in financial loss and mental agony and therefore by virtue of agreement clause namely clause 1.2.54 the applicant is requested for appointment of arbitrator by issuing letter dated 10th October, 2022.

3.

In the letter in paragraph 2 the applicant has mentioned the points of dispute for which the appointment of arbitrator is necessary.

4.

Shri Chaudhari, learned counsel for the non-applicant tried to canvass that once the no claim certificate was issued, now the applicant cannot claim any appointment of arbitrator.

5.

However, after going through the no claim certificate, it is evident that it was in respect of final bill. Therefore, it cannot be said that there is no dispute which needs to be referred to Arbitrator as prayed for by the applicant.

6.

In the circumstances, the application is allowed.

7.

The non-applicant is directed to appoint the arbitrator for resolution of dispute mentioned in the letter issued by the applicant on 10th October, 2022.

7.

The non-applicant shall appoint the Arbitrator within six weeks from today.

[ANIL S. KILOR, J.] by SACHIDANAND KUTTAN NAIR Date:

2023.07.28 15:39:28 +0530 SACHIDANAND KUTTAN NAIR