KULDEEP KUMAR CONTRACTOR Vs. HINDUSTAN PREFAB LIMITED

JUDGEMENT

(1.) The instant petition has been filed on behalf of the petitioner under Sec. 11(6) of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as "the Act, 1996") seeking the appointment of a sole Arbitrator and inter alia praying as under:

(2.) The petitioner is a partnership firm having its registered office at shop No. 452, 1st Floor, New Grain Market, Karnal, Haryana-132001. The petitioner is a listed Class-1/(A) 'Contractor', primarily dealing with civil construction works, with Government departments. The respondent is a company incorporated under the Companies Act, 1956, having its registered office at Jangpura, New Delhi-110014, functioning under the administrative control of the Ministry of Housing and Urban Affairs, Government of India.

(3.) On 22/10/2018, the respondent, issued a 'Letter of Award' to the petitioner vis-a-vis work related to "Construction of pre-fabricated shelter for homeless persons at different places in Haryana" for the revised/accepted rate of Rs.16,37,69,289.00, inclusive of all taxes. The time period for completion of the work was fixed at two months. Pursuant to the Letter of Award, the petitioner furnished an irrevocable and unconditional Performance Bank Guarantee, amounting to Rs.81,88,465.00 to the respondent and thereafter, an Agreement was signed between the petitioner and the respondent on 16/11/2018. The relevant terms and conditions of the Agreement are enlisted as follows: