SURESH KUMAR GOYAL Vs. SOUTH EASTERN COALFIELDS LIMITED

JUDGEMENT

(1.) The applicant has preferred this application under Section 11(6) of the Arbitration and Conciliation Act, 1996 (henceforth 'the Act of 1996') for appointment of arbitrator.

(2.) Learned counsel for the applicant submits that the applicant and the non-applicant SECL on 24-04-1998, entered into an agreement for execution of the work of Drifting of Incline No.1 at Nawapara Project of Bhatgaon area and estimated cost was Rs. 35.25 Lakhs. Thereafter, the non-applicants terminated the work of the applicant on 30-07-2003 and also imposed a penalty of Rs. 3,52,515/-. The applicant made representation for referring the matter to the arbitrator as provided in Clause 14.1 of the Civil Engineering Manual of Coal India Limited which was not acted upon leading to filing of the instant application for appointment of arbitrator.

(3.) Reply has been filed stating inter-alia that the application is not maintainable and the applicant's remedy would be to file Civil Suit provided in Clause 15 of the Work Order dated 27-08-1997 and as such the application is not maintainable.