MANISHA KULKARNI Vs. NCC LIMITED

JUDGEMENT

(1.) The present petition has been filed under Sec. 11(6) of the Arbitration and Conciliation Act, 1996, seeking appointment of a Sole Arbitrator for adjudication of disputes between the parties.

(2.) The case of the Petitioner is that the Respondent - on behalf of its principal employer NBCC, floated a tender in respect of an NBCC project at Kidwai Nagar, New Delhi. On acceptance of Petitioner's bid, they were appointed as the contractor for the afore-noted project on a 'back-to-back basis' with respect to work stipulated under three identically worded Letter of Intent [hereinafter referred to as the 'LOI'], details whereof are as under:

(3.) Subsequently, Respondent issued two Work Orders in respect of the 1st and 2nd LOI - being W.O. No. NCCL/KIDWAI-II/HO/W.O./15-16/021 in respect of the 1st LOI [hereinafter referred to as '1st W.O.'], and W.O. No. NCCL/KIDWAI-II/ W.O./16- 17/001 in respect of the 2nd LOI [hereinafter referred to as '2nd W.O.']. No Work Order was issued for the 3rd LOI, however, the Petitioner claims that upon written instructions from the Respondent, it has carried out the plumbing works under the said LOI for the Kidwai Nagar project. According to the Petitioner, despite having completed the work, there continues to be an outstanding amount, payable by the Respondent, which has been disputed by them on allegedly frivolous grounds.