UNION OF INDIA Vs. APS STRUCTURES PVT. LTD

JUDGEMENT

(1.) The petitioner has filed the present petition under Ss. 14 and 15 of the Arbitration and Conciliation Act, 1996 (hereafter the A&C Act), inter alia, praying as under:

(2.) The petitioner states that certain disputes have arisen between the parties in connection with execution of the work relating to ORs Barrack and Store for the Indo Tibetan Border Police (ITBP) at Mana. O.M.P.(T) (COMM) No.2/2022 Page 2 of 5 The contract for the said work was awarded to the respondent. The stipulated date for commencement of work was 21/8/2010 and it was to be completed on or before 20/6/2011. The petitioner states that the respondent failed to execute the work and in the circumstances, the petitioner had no option but to get the work completed from another contractor.

(3.) The respondent invoked the Arbitration Agreement and sought reference of the disputes to arbitration. On 1/3/2018, the Chief Engineer, NZ-IV, CPWD, appointed Sh. Rajesh Banga as the Sole Arbitrator to adjudicate the disputes between the parties. The petitioner states that the mandate of Sh. Rajesh Banga expired and Sh. Mukund Joshi was appointed as the Arbitrator in place of Sh. Rajesh Banga.