MECENGINEERS ENGINEERS AND CONTRACTORS Vs. HOTEL IMPERIAL

JUDGEMENT

(1.) This is a petition filed by M/s Mecengineers, Engineers and Contractors, hereinafter described as the petitioner, seeking revocation of the authority of respondent no.2 as arbitrator and to refer the disputes set out in paragraph 15 to an arbitrator appointed by this court. The facts alleged are that the petitioner is a partnership firm. It had submitted tenders for electrical install at ions in the new block in Hotel Imperial on 11/10/1988. The tender was accepted by respondent no.1. The agreement provided that in case of disputes it shall be settled by arbitration The application was not given the approved construction drawings for main electrical single line diagram for more than a year.

(2.) Respondent no.2 had directed the petitioner/applicant to use MS electrical conduits instead of PVC conduits. The petitioner was also directed to install additional items in the guest rooms/Revised single line diagram necessitated installation of substituted panels. Differences arose between the parties as to the rates to which the applicant was entitled. The bill submitted by the petitioner were treated in a whimsical manner and arbitrary deductions were made which have been mentioned as : <FRM>JUDGEMENT_25_ILRDLH7_2001Html1.htm</FRM>

(3.) The grievance of the petitioner/applicant is that the authority of respondent no.2 should be revoked because he will not be an impartial arbitrator. He wilfully refused to decide the rates for additional and substituted items.The disputes have also arisen due to whimsical manner in which the architect had dealt with the matter. Hence the present petition.