NITYANAND INFRASTRUCTURE LTD Vs. ONGC MANGALORE PETROCHEMICALS LTD

JUDGEMENT

(1.) Mr. N.Khetty for Smt.Akkamahadevi Hiremath, learned Counsel for the petitioner.

(2.) By means of this petition under Section 11(5) of the Arbitration and Conciliation Act, 1996, the petitioner seeks appointment of an Arbitrator.

(3.) The facts giving rise to filing of this petition briefly stated are that admittedly the parties had entered into an agreement dated 03.06.2013. Clause 9.2.0.0 of the General conditions of the Contract contains an Arbitration clause. It is also not in dispute that the petitioner had furnished a 'No Claim Certificate' on 17.12.2014 and thereafter the payment of the amount of final bill was made to him on 06.01.2016. The petitioner thereafter sent a notice on 28.04.2017 invoking arbitration clause in which an amount of Rs.5,14,02,043/- was also claimed as interest on account of delayed payment on bills. In the aforesaid background, this petition is filed.