M.A. BUILDERS Vs. UNION OF INDIA

JUDGEMENT

(1.) This is an application under Section 11(6) of the Arbitration and Conciliation Act, 1996 (hereinafter called as "Act of 1996") for appointment of arbitrator to resolve the disputes that have arisen between the parties.

(2.) The applicant and the respondents entered into an agreement on 6.11.2012 for painting in steel girder bridges and miscellaneous maintenance work in steel and PSC girder bridges in the jurisdiction of SSE/Bridge/Bilaspur of Bilaspur division. The said contract was terminated after giving notice to the applicant vide termination letter dated 16.10.2014 in terms of clause 62 of the General Conditions of Contract (hereinafter called as 'GCC'). Thereafter, joint final measurement was done on 29.11.2014. The applicant has given 'No Claim Certificate' in respect of the payments due to him in accordance with clause 43(2) of the GCC. Thereafter, he made a demand on 31.8.2015 claiming that he is entitled for ?16,20,000/- and if claims are not settled, the arbitrator be appointed in terms of clause 64 of the GCC.

(3.) This letter was not replied by the respondents leading to filing of an application under Section 11(6) of the Act of 1996.