(1.) Heard teamed counsel for the parties. From the Office Report dated 9th February, 2012, it appears that all the Respondents have been duly served. However, no one appears in spite of service on behalf of the Respondent Nos. 1, 3 and 4. The Respondent No. 2, NTPC, is duly represented by Ms. Ruchi Kohli, learned Advocate-on-Record.
(2.) Mr. Anukul Raj, Learned Counsel appearing for the Respondent No. 2, submits that the said Respondent is not governed by the arbitration clause and, therefore, ought not to have been impleaded as a party in these proceedings. The Respondent No. 2 has appeared in these proceedings only to ensure that an objection is taken on the record to the effect that the Respondent is not a party to the Arbitration Agreement. Learned Counsel further submitted that the Respondent No. 2 intends to move a formal application for its deletion from the array of parties. In my opinion, in order to expedite the matter, the oral submissions made by the Learned Counsel can be taken on record. Since the Respondent Nos. 1, 3 and 4, have not filed any counter affidavit, the averments made in the petition remain uncontroverted.
(3.) A perusal of the averments made in the petition would indicate that the Petitioner is claiming that the Respondents have acted in breach of contract. It is further averred that the Petitioner is entitled to be paid for all the expenses, costs, charges and fees fully, as per the contract, and thus, a total amount of US $ 694, 519.03, is payable to the Petitioner up to 31st January, 2011. It is also apparent that the Petitioner had given a legal notice to the Respondent No. 1 on 30th January, 2010, demanding payment of the outstanding invoices. The Respondent No. 1 has, however, failed to make the payments, as demanded by the Petitioner. Therefore, vide notice dated 31st March, 2010, the Petitioner invoked the arbitration clause under the Contract to adjudicate upon the claims stated in the legal notice dated 30th January, 2010. Learned Counsel for the Petitioner has also brought to my notice the arbitration clause, which is as under: