HARCHARAN DASS GUPTA Vs. HINDUSTAN PRE-FAB LIMITED

JUDGEMENT

(1.) The present petition has been filed under Sec. 11 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as "A&C Act, 1996") for appointment of arbitrator by the petitioner.

(2.) The petitioner was awarded a work regarding construction of Police Post and Dog Kennels at Sector 3, Pushp Vihar, New Delhi vide Letter No. HPL/DGM(C)/TC/LOI/2014-15/162 dtd. 14/1/2015. According to the stipulated terms, the date of start of work was 10/5/2015 and was to be completed by 9/6/2016 i.e., within a period of thirteen months. The work, however, got completed on 12/12/2016. The final bill as raised by the petitioner was not paid by the respondent No.1. It is asserted that a sum of Rs.3,01,72,704.00 by way of Pre-Final bill of the undisputed items is due to the petitioner from respondent No.1.

(3.) It is submitted that the disputes arose between the parties. The procedure for appointment of arbitrator is laid down in Clause 27 of Special Conditions of Contract (hereinafter referred to as "SCC"). In compliance to the same the petitioner has written to the DGM (C) of respondent No.1 a Letter dtd. 29/3/2019 putting him to notice to take a decision on the subject matter within one month but he failed to give any decision compelling the petitioner to approach CMD of respondent No.1 by way of an appeal and also for appointment of an arbitrator, who was also required to give a decision within one month of the receiving of the letter of the petitioner. However, he failed to take any decision where upon the petitioner approached the CMD of respondent No.1 vide Letter dtd. 9/5/2019 in terms of Clause 27 of SCC, but he also failed to give any decision. Hence, the petition has been filed for appointment of an arbitrator by this Court.