M/S. LAKSHMI NIRMAN (BANGALORE) PVT. LTD., REPRESENTED BY ITS MANAGING DIRECTOR Vs. M/S. KUMAR BUILDERS (KUMAR URBANA), REPRESENTED BY ITS CHAIRMAN AND ORS.

JUDGEMENT

(1.) THE petitioner has filed this petition under Section 11(5) of the Arbitration and Conciliation Act, 1996 praying to appoint an Arbitrator to adjudicate the dispute between the petitioner and the respondents. It is stated, the petitioner and the respondents have entered into an agreement dated 9.1.2007. The petitioner has completed the work and submitted final bill dated 21.6.2010 to settle the claim of Rs. 3,62,82,966.46. Thereafter, the petitioner has sent letters dated 12.8.2010, 18.5.2011, 10.8.2011, 20.12.2011 and 12.1.2012 to settle the claim. In spite of that, the respondents have not taken any action to settle the claim. Therefore, the petitioner has sent legal notice dated 19.4.2012 invoking Arbitration Clause. The respondents have not responded. Therefore, the petitioner has prayed for appointment of an arbitrator to adjudicate the dispute between the petitioner and the respondent.

(2.) THE respondents have not filed any objections to the petition.

(3.) AS against this, the learned counsel for the respondents submitted that unless final claim is submitted by the petitioner, the petitioner cannot invoke the Arbitration Clause. Therefore, the petition may be dismissed.