KRANTI BUILDERS Vs. RIGHT TIME BUILDERS PVT. LTD

JUDGEMENT

(1.) BY making this petition under the provision of Section 11(2) and (6) of the Arbitration and Conciliation Act, 1996, the petitioner seeks appointment of an Arbitrator to adjudicate upon the disputes arising between the parties. The facts leading to the filing of the instant petition are as under: - -

(2.) THE respondent invited tender for the purpose of construction of 120 residential apartment, known as Vijay Lakshmi Apartment. The petitioner submitted its tender and the same was accepted. Pursuant thereto, the petitioner and the respondent entered into an agreement on 30th March, 1996 for construction of multi -storied apartment at Hardwar, U.P. As per the agreement the respondent agreed to pay a sum of Rs. 1,02,22,921/ - and the work was required to be completed within 22 months from the date of the agreement. According to the petitioner, work commenced at the site with full swing and the petitioner had submitted its running bill on 30th September, 1997 for civil and electrical works to the respondent, which bill was withheld by the respondent despite the petitioner having completed the work to the extent of 60%. The petitioner requested the respondent to clear the arrears of the amount so that further work did not suffer but the respondent instead of making the payment sent a letter to the petitioner on 10th November, 1997 asking the petitioner to stop the work at the site which letter was replied by the petitioner on 22nd November, 1997 expressing its willingness to continue the work. The dispute could not be resolved between the two thus necessitating the petitioner to issue legal notice to the respondent dated 13th August, 1998 which notice was replied by the respondent. The petitioner again sent reply to the letter of the respondent now requesting the respondent to appoint Arbitrator to resolve the disputes in terms of clause 10.2 of the agreement entered into between the parties.

(3.) ALTHOUGH , the conciliation proceedings were initiated by the conciliators but matter could not be resolved because of alleged non -cooperative attitude of the respondent and its conciliator and finally the conciliator of the petitioner was constrained to stop the conciliation proceedings and intimated the respondent about the same on 27th September, 1999 indicating about the closing of the conciliation proceedings and advising the parties to approach the Court for appointment of an Arbitrator. This is how the present petition has been filed seeking appointment of the Arbitrator for resolving the disputes as detailed in Annexure P -8 attached with the petition.