M/S. STAR FORMS Vs. STAFF SELECTION COMMISSION

JUDGEMENT

(1.) THE petitioner has filed the present petition under Section 11(6) of the Arbitration and Conciliation Act, 1996 for appointment of an arbitrator. Brief facts as culled out from the petition are that the petitioner is a registered partnership firm and is engaged in the business of printing and supplying of various types of stationery and printed forms. The respondent had floated a tender notice dated 5th November, 2009 for printing and supply of OMR/ICR sheets and for double scanning/processing of OMR answer sheets. Pursuant to the offer letters of the petitioner dated 30th November, 2009 and 22nd March, 2010, the respondent had accepted the bid of the petitioner and issued the Work Order bearing No. 4/1/2008 -C. I/II dated 4th May, 2010 in favour of the petitioner, on the certain terms and conditions stipulated therein.

(2.) IT is further submitted that clause (xvi) of the Work Order stipulated the payment terms by the respondent. However, some disputes arose between the parties regarding payment process, as on 23rd December, 2011, the petitioner was orally informed that the respondent had made deductions of Rs. 7,49,500/ - on account of some penalties imposed on the petitioner. The petitioner objected to it and wrote a letter dated 26th December, 2011 to the respondent, stating therein that such deductions made by the respondent were not as per the terms and conditions of the contract/Work Order. However, the respondent chose not to reply to the same. The petitioner wrote a number of letters dated 31st January, 2012, 11th February, 2012, 14th February, 2012 and thereafter on 16th February, 2012 to the respondent in this regard, but to no effect.

(3.) REPLY was filed by the respondent in the form of affidavit of Sh. Mahli Minz, working as Under Secretary in the Ministry of Personnel, Public Grievances & Pensions, Staff Selection Commission, New Delhi. After small hearing, learned counsel for the parties agree for appointment of a sole independent Arbitrator by this Court to adjudicate the disputes between the parties.