EARNEST BUILDERS Vs. UNION OF INDIA

JUDGEMENT

(1.) This is an application under Section 11 of the Arbitration and Conciliation Act, 1996 (for short the Act) seeking appointment of an arbitrator for adjudication of some of the disputes, which have not been referred to the arbitrator nominated by the persona designata namely, the Chief Engineer (Air Force) (WAC), respondent No.2 herein, on 23/10/1997.

(2.) . Brief facts are that the applicant was awarded some construction work in terms of the contract agreement dated 17/07/1993. The work was scheduled to be completed on 2/05/1994 but was in fact completed on 29/10/1994, after an extension was granted by the respondents on 29/07/1994. According to the applicant, the delay in the completion of the work awarded occurred on account of the delay in handing over of the site. The applicant submitted his final bill, which, inter alia, included damages on account of prolongation of the contract period. However, various amounts claimed by the applicant were objected to by the respondents.

(3.) . Thus, disputes having arisen between the parties, the applicant, vide his letter dated 3/07/1996, invoked the arbitration clause and requested the Chief Engineer, Air Force,(WAC) respondent No.2 herein, to appoint an arbitrator in terms of Clause 70 of the agreement. It appears that on receipt of the aforenoted letter, invoking arbitration clause, the respondents made some payment to the applicant on 31/10/1996. Whereupon, vide his letter dated 27/01/1997 the applicant raised an additional claim (No.9) and requested respondent No.2 to refer the same also to the arbitrator for adjudication.