BID DOCUMENT - Chennai Telephones - BSNL

appoint another person to act as arbitrator in accordance with terms of the agreement and the
person so appointed shall be entitled to proceed from the stage at which it was left out by his
predecessors.
17.2 The arbitrator may from time to time with consent of parties enlarge the time for making and
publishing the award, subject to aforesaid Indian Arbitration and Conciliation Act, 1996 and
the Rules made there under, any modification thereof for the time being in force shall be
deemed to apply to the arbitration proceeding under this clause.
17.3 The venue of the arbitration proceeding shall be the Office of the Chief General Manager,
BSNL-CHENNAI TELEPHONES or such other Places as the arbitrator may decide. The
following procedure shall be followed:
17.3.1. In case parties are unable to reach a settlement by themselves, the dispute should be
submitted for or arbitration in accordance with contract agreement.
17.3.2 There should not be a joint submission with the contractor to the sole Arbitrator
17.3.3 Each party should submit its own claim severally and may oppose the claim put
forward by the other party
17.3.4 The onus of establishing his claims will be left to the contractor.
17.3.5 Once a claim has been included in the submission by the contractor, a reiteration or
modification thereof will be opposed.
17.3.6 The “Points of defence” will be based on actual conditions of the contract.
17.3.7 Claims in the nature of ex-gratia payments shall not be entertained by the
Arbitrator as these are not contractual.
17.3.8 The question whether these conditions are equitable shall not receive any
consideration in the preparation of “ points of defence “
17.3.9 If the contractor includes such claims in his submission, the fact that they are not
contractual will be prominently placed before the Arbitrator.
17.3.10 The award of the sole Arbitrator shall be final and binding on all the
parties to the dispute.
18. SET OFF :
18.1 Any sum of money due and payable to the contractor (Including security deposit refundable to
him) under this contract may be appropriated by BSNL or the Govt. or any other person or
persons contracting through the Govt. of India and set off the same against any claim of BSNL
or Govt. or such other person or persons for payment of a sum of money arising out of this
contract made by the Contractor with BSNL or Govt. or such other person or persons
contracting through Govt. of India.
19. COURT JURISDICTION
19.1 Any dispute arising out of the tender/bid document/ evaluation of bids/issue of APO shall be
subject to the jurisdiction of the court at Chennai, the place from where the NIT/tender has
been issued.
19.2 Where a contractor has not agreed to arbitration, the dispute/claims arising out of the
Contract/PO entered with him shall be subject to the jurisdiction of the Court at Chennai,
the place from where Contract/PO has been issued. Accordingly, a stipulation shall be
made in the contract as under.
“This Contract/PO is subject to jurisdiction of Court at CHENNAI only”.
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Signature of Bidder with seal