ENVIRAD PROJECTS PVT. LTD. Vs. NTPC LTD.

JUDGEMENT

(1.) The present petition has been filed under Sec. 11(6) of the Arbitration and Conciliation Act, 1996 seeking appointment of sole Arbitrator to adjudicate the disputes inter-se the parties.

(2.) As per the averments made in the present petition, petitioner is a company registered under the Companies Act, 1956 and is engaged in the business of undertaking civil construction projects. Respondent is also a company registered under the Companies Act, 1956 and is working as a Central Public Sector Undertaking to implement power projects in the country.

(3.) It is further averred that the respondent-company invited the bid/tender for the subject package, namely, "3rd Raising of Dyke of Ash Pond 'A' and 'B' at NTPC-Tanda Project" on 5/8/2014 and after final bid, the aforesaid work was awarded to the petitioner vide its Letter of Award in form of Purchase Order dtd. 7/1/2015 amounting to work value of about Rs.27.50 crores having overall completion period of 20 months wherein the works of Dyke 'A' was to be executed within 11 months starting from 10/1/2015 to 9/12/2015, and thereafter, the works of Dyke 'B' within 9 months from 10/12/2015 to 9/9/2016. Subsequently, parties entered into a Contract Agreement dtd. 15/1/2015.