AEE ENGINEEERS AND CONTACTORS Vs. IGNOU

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.) Petitioner No.1 is the proprietorship firm of petitioner No.2 and is engaged in the business of supply and maintenance of electrical jobs etc.

(3.) As per the averments made in the present petition, respondent awarded the work of operation of 5 Electric Sub-Station Equipment installed in ESS-1 2, 4,5 & 10 at IGNOU Campus, Maidan Garhi, New Delhi vide letter for commencement No.IG/ CMD/ EE/ 2015-16/ 1552 dtd. 18/11/2015 after conveying acceptance of his quotation vide letter No.IG/CMD/EE(E)/2015-16/1549 dtd. 17/11/2015. Subsequently, Agreement No.IG/CMD/EE(E)/WO/2015-16 dtd. 19/11/2015 was executed between the parties. Contract was further extended several times, However, when petitioners raised the bills from time to time for the work executed by it, the respondent failed to make payment. The payments towards bills dtd. 23/4/2018 and 21/6/2018 are still due. ESI and PF reimbursement towards bills dtd. 1/11/2017, 23/4/2018 and 21/6/2018 amounting to Rs.63.00Lakhs are also due. Petitioners requested for the release of amount of their bills to respondent several times through various communications including Letter dtd. 21/6/2018, e-mails dtd. 4/8/2018 as well as by letter dtd. 6/1/2020 to EE (E) and other Officers to release due payments but respondents failed to make the said payments. Thereafter, disputes arose between the parties.