The Court:
1. This is an application for appointment of an Arbitrator in terms of
Clause 64(3)(b)(ii) of the Indian Railways, Standard General Conditions
of Contract.
2. According to Mr. Ray, disputes and differences cropped up between the
parties in respect of the contract for Execution of Balance Earthwork in
Formation, Construction of Minor Bridges between Km.0.00 to 9.500 in
connection with the construction of new line between Deshpran and
Nandigram of S.E. Railway. The petitioner entered into a contract with
the respondent on September 13, 2023, pursuant to the letter of
acceptance issued by the respondent. While the petitioner alleges that
the railway authorities did not hand over dispute free site which delayed
the execution of the work. Mr. Banerjee, learned Advocate for the
respondent submits that the petitioner had failed and neglected to
complete the work within the stipulated period. Correspondences and
letters were exchanged between the parties with regard to the dispute
which has arisen. Ultimately, the railway authorities terminated the
contract.
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