ON THE LETTERHEAD OF RAM KRIPAL SINGH CONSTRUCTION PVT.LTD.

DRAFT

Ref.: RKSCPL/RITES/MUNPL/P-3-RC/2021- 2022 Dated 09.09.2022.

Rem-2/Final

To,

The General Manager,

RITES Ltd.,
National Highway 24, Sitapur Road,
Near Sewa Hospital & Anil Dharamkanta
Lucknow, Uttar Pradesh-227208

Project: Earthwork in Formation, Construction of Bridges from downside of Unchdih Station to

Meeting Pt. of Meja Leg & Unchdih Leg (Km 3/600) or at any other location in connection with
Construction of Railway Siding for MUNPL Meja TPP (2X660 MW) in Meja in District Allahabad in the
State of Uttar Pradesh Package-3/RC.

Subject: Final reminder for nomination of Member from RITES’s side for constitution of Dispute
Resolution Board (DRB) under Clause 7.2 of the Agreement.

Ref.:

(i) LOA No.: RITES/RPO-LKO/5920/MUNPL/P-3/RC/APR/VOL-1/1972 dated 11.08.2017

(ii) Agreement no.: RITES/RPO-LKO/5920/MUNPL/P-3/RC/APR dated 09.11.2017
(iii) Our Letter no. RKSCPL/RITES/MUNPL/P3-RC/2019- 2020 dated 04.07.2020.
(iv) RITES Letter no. RITES/RPO-LKO/5920/MUNPL/P-3/RC/25193 dated 10.07.2020.
(v) Our Letter no. RKSCPL/RITES/MUNPL/P3-RC/2019- 2020 dated 18.08.2020.
(vi) RITES Letter no. RITES/RPO-LKO/5920/MUNPL/P-3/RC/25800 dated 27.11.2020.
(vii) Our Letter no. RKSCPL/RITES/MUNPL/P3-RC/2019- 2020 dated 05.12.2020.
(viii) Our Letter no. RKSCPL/RITES/MUNPL/P-3-RC/2021- 2022 dated 25.03.2022.
(ix) Our Letter no. RKSCPL/RITES/MUNPL/P-3-RC/2021- 2022/Rem-1 dated 31.03.2022.

Dear Sir,

This is with reference to our letter dated 31.03.2022 {cited at reference (ix), above} through
which the reminder-1 was sent to RITES Limited for nominating the member of DRB in the matter of
dispute raised by us under the captioned project. It may be recollected that during the course of
execution of the construction work, various issues including non-availability of land, existence of
hindrances/obstacles and change of scope of work had come up due to which the Contractor had
suffered huge losses. The Contractor made several communications for amicable resolution of the
‘Disputes’ arisen out of the above mentioned issues however, no satisfactory resolution could be
made by RITES.
2. The Contractor requested the RITES vide its various letters cited under the reference for
constituting the Dispute Resolution Board (DRB) for resolution of the ‘Disputes’ pertaining to the
above captioned project and finally, in terms of the provisions of GCC Clause 7.2 of the Contract
Agreement , vide its letter dated 05.12.2020 {cited at reference no. (vii), above} proposed the name
of Mr Sunil Kumar Dewan as Member of the DRB from Contractor’s side and requested RITES to
accept this nomination and commence the proceedings for constituting the DRB. The Power of
attorney in respect of Mr Sunil Kumar Dewan as the Member of DRB from Contractor’s side was also
enclosed with this letter.

3. We wish to state that it has been about 22 months since the proposed Member of DRB was
communicated by us with the request to accept the said nomination and start the proceeding of
Dispute Resolution Board at the earliest. We have not received any communication till date
regarding nomination of the Member of DRB from RITES’s side so that we could propose the names
for selecting the Chairperson of the DRB.

4. The constitution of the DRB is being inordinately delayed which is denying us the opportunity
provided under the provisions of Contract for amicable resolution of the disputes and on account of
such inordinate delay in constituting the DRB, we are being deprived of taking the suitable further
action in the matter of resolution of disputes.

5. In view of the above, we are submitting our final request for nomination of the Member of DRB
from RITES’s side. We request that the same may please be communicated within 7 days of the
receipt of this letter or else it would be considered that RITES is not interested in constitution of
DRB.

6. In the situation of no response by RITES, we would be constrained to take further course of

action in accordance with the provisions of the Contract Agreement and Indian Law. This is without
prejudice to our rights under the provisions of contract agreement and the law

Thanking you and assuring our best services at all times, we remain

Yours Faithfully,

For Ram Kripal Singh Construction Pvt. Ltd

Sudhir Kumar
(Director)

Copy To: The Executive Director, RITES, Gurgaon for kind information, please.