ODEON BUILDERS PVT LIMITED Vs. ENGINEERS INDIA LIMITED

JUDGEMENT

(1.) The petitioner seeks, by this petition under Section 11(6) of the Arbitration & Conciliation Act, 1996 (hereinafter referred to as "the 1996 Act"), the appointment of an arbitrator, on behalf of the respondent Engineers India Ltd. (hereinafter referred to as "EIL").

(2.) Before proceeding to examine the issue, a chronological recapitulation of the facts, to the extent necessary, may be beneficial.

(3.) On 20th August, 2010, a contract was executed, between the National Institute of Immunology (NII) and EIL. The NII acted, in the said contract, on behalf of itself, the RCB and the Translational Health Science and Technology Institute (THSTI). The contract noted the fact that the NII owned a site, where, by a Memorandum of Understanding dated 7th July, 2010, between the NII, RCB and THSTI, it had been decided to establish a Biotech Science Cluster (BSC) Campus. It was also observed, in the said contract that NII had selected EIL to provide Project Management Consultancy (PMC) services, as specified in the contract.