GAUHATI HIGH COURT ISSUES ORDER ON UNION OF INDIA AND ANR V/S SMTI KRISHNA DEVI

GUWAHATI, India, Jan. 12 -- Gauhati High Court issued the following order on Dec. 11:

1. 1. Heard learned counsel Ms. A. Gayan for the appellants and learned counsel Mr. S. Sahu for the respondent.

2. The appellants in this case are the Union of India represented by the Commander Works Engineer (AF) Borjhar and Garrision Engineer (Air Force) Tezpur whereas, the respondent is Smt. Krishna Devi @Sabitri Devi, representing M/S SR Engineering Construction.

3. It is submitted on behalf of the appellants that the respondent's father, Sukhram Dhiman (since deceased), a proprietor of a concern namely, S.R. Engineering Construction entered into a contract with the appellants for construction of the permanent armament section under Garrison Engineer (AF), Tezpur and accordingly secured Work order vide CA No. CWE/TEZ/08 of 87-88. On completion of work, the respondent received payment of bill raised on 18.01.1993, certifying an endorsement of 'no further claim'.

4. The appellant submits that the dispute pertaining to the contract had already been raised by the respondent to the appellant vide Letter No. SREC/TEZ/08/351 dated 11.12.1992, to resolve the issue by appointing an arbitrator under Clause-70 of the IAFW-2249 (General Conditions of Contract) of the arbitration agreement under the contract. This request was withdrawn by the respondent vide Letter No. SREC/TEZ/08/352 dated 11.01.1993. The respondent preferred an appeal under Section 20 of the Arbitration Act, 1940, before the Court of Delhi, and the application was registered as T.S. Case No. 170/94, which was dismissed for lack of jurisdiction. Against the order, the respondent preferred an appeal, which was also dismissed, requiring the Lower Court to return the petition for filing at the proper forum, and accordingly, the learned Additional District Judge, Delhi, vide order dated 17.12.1999, returned the petition to the respondent for presentation in the proper Court with jurisdiction.

5. It is further submitted that the respondent preferred an application under Section 20 of the Arbitration Act, 1940, in the Court of the District Judge, Sonitpur numbered as T.S. (Arbitration) No. 19/2003, and the said suit was dismissed vide judgment and order dated 10.05.2004, against which the respondent preferred an appeal before this Court being Arbitration Appeal No.01/2005. This court vide judgment and order dated 21.09.2018, dismissed the appeal and remanded the matter back to the Court of the District Judge, Sonitpur for appropriate adjudication of the application made by the respondent under Section 20 of the Arbitration Act, 1940, on its own merit and in accordance with law.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=A9S7c5LDIsB6RXaCf816x2T3L%2BBi7LrFk7%2B8Bybo5xGEfmjuEsmoB3XNMxoFOYL6&caseno=Arb.A./3/2025&cCode=1&cino=GAHC010196982025&state_code=6&appFlag=)

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