URC CONSTRUCTIONS PRIVATE LIMITED Vs. HINDUSTAN AERONAUTICS LIMITED

JUDGEMENT

(1.) The petitioner is before this Court seeking for the following reliefs:

(2.) The respondent has floated an E-Tender, in which the petitioner was the successful bidder and was accepted on 21/6/2016 and a letter of acceptance issued and a Contract was executed between the parties. A work order came to be issued on 28/5/2016 in terms thereof. There being certain disputes between the petitioner and the respondent, the petitioner on 18/10/2019 has invoked the Arbitration Clause therein in terms of Clause 27.2(m), which is reproduced hereunder for easy reference:-

(3.) The respondent has replied to the same stating that no amount was due and if at all the petitioner wanted to refer the matter for arbitration, the petitioner would have to waive the requirement of Sec. 12(5) of the Arbitration and Conciliation Act , 1996, for which the respondent was not agreeable to in its reply. Hence, the petitioner is before this Court seeking for the aforesaid reliefs.