Claimant vide letter dated 20-05-2015, submitted the claims for further period from October 2014

to February 2015 amounting to Rs 6,55,62,105, and submitted a consolidated Claim amount of Rs

33,01,10,955 for the total extended period and requested the Respondent to certify and release the
same.

The Claimant vide letter dated 22-05-2015, submitted the Statement of Completion, in accordance
with clause 60.10 of the contract, which included the final value of work done, further sums which
it considers due and estimate of future amount which it considers will become due, totaling to Rs
324,50,30,542
The Claimant vide another letter dated 14-09-2015, addressed to the S.E (Respondent) and
requested for reimbursement of additional cost amounting sought previously incurred due to
prolongation of the contract till 28-02-2015 pursuant to clause 53.1 of GCC.
In response the Engineer vide letter dated 30-11-2015, which was delivered by hand by the claimant
on 25.1.2016, repudiated the Claimant's claim for cost compensation on account of prolongation of
contract stating that, the claimants claim for cost compensation on account of delays is not
acceptable to the Department.
Subsequent to repudiation of Claims by the Engineer, Dispute had arisen in the matter, and the
Claimant vide letter dated 30-03-2016 issued notice to the engineer pursuant to Clause 67.1 of the
Contract and requested the Respondent to settle the disputes arisen in accordance with clause 67.1
of the Contract.
As the stipulated 84 days time after reference of dispute to Engineer expired on 23-06-2016 and as
there was no response from the Respondent the Claimant vide letter dated 30-06-2016, notified the
Respondent for amicable settlement of the disputes pursuant to clause 67.2.
A meeting was held on 31-08-2016 for amicable settlement of the disputes, in the office of
Superintending Engineer's and the minutes of the said meeting was communicated vide
Respondents memo dated 02-09-2016, wherein the Superintending Engineer had suggested the
Claimant to submit claims in specific manner and the justification in support of their Claims.
The Claimant in reply vide letter dated 06-09-2016 submitted that it had already submitted the
detailed basis, analysis and justification of the Claimed amounts previously vide letter dated 20-05-
2015.
The claimant submit that, the Engineer vide letter dated 03-08-2016, received on 12-09-2016, made
certain statements, which were contrary to the facts of the matter and having attempted for
amicable settlement, which was in-fructuous, the Claimant vide letter dated 30-09-2016 gave its
intention to commence Arbitration pursuant to Clause 67 of the Contract.
Further, the Respondent vide letter dated 26-10-2016, stated that it strictly stands to the points
communicated vide letter dated 03-08-2016
Further the Respondent vide his letter dated 16.01.2017 called for a meeting on 30-01-2017. As per
the mom dated 31-01-2017 the respondent informed that the dispute in question would not be
settled amicable thus intending its intention to commence Arbitration.
Thereafter, the Claimant appointed, Shri S.S Agarwal as its nominee Arbitrator and the Respondent
appointed Shri Jadaveswar Bhattacharya as its nominee Arbitrator and on 23-03-2017, both
members appointed Shri M. K Aggarwal, as Presiding Arbitrator. Thus the Tribunal stood constituted
for adjudication of the disputes arisen between the parties.