ABB LTD Vs. ANAND RAO INFRASTRUCTURE PVT. LTD

JUDGEMENT

(1.) This petition has been preferred by the petitioner under Section 11 of the Arbitration and Conciliation Act, 1996 (the Act) to seek the appointment of a sole arbitrator to adjudicate the disputes which have arisen between the parties arising out of the agreement dated 8.6.2009, the existence whereof is not in dispute. Article 16 of the said agreement reads as follows:

(2.) The case of the petitioner is that the petitioner performed the contract. However, its outstanding dues were not paid. Consequently, the petitioner sent a communication dated 16.3.2010 to the Chief Engineer, EHBCCO and M Zone, Maharashtra State Electricity Transmission Company Ltd. with copies marked to the Project Manager of Anand Rao Infrastructure Pvt. Ltd. i.e. the respondent company and to the Project Manager, R.S. India Wind Energy Pvt. Ltd., demanding the outstanding amount of Rs. 4,18,62,027.49. Another communication was sent by the petitioner on 17.4.2010 to the respondent at its Gurgaon address. In this communication as well, the petitioner raised its demand for the amount of Rs. 4,36,01,379.48. Copies of these communications were also sent to the address of the respondent at Barakhamba Road, Connaught Place, New Delhi and Bhikaji Cama Place, New Delhi. The petitioner sent another communication on 1.5.2010 to the respondent in response to the respondents communication on 20.4.2010. In this communication, the petitioner denied the stand taken by the respondent and also requested the respondents to schedule a meeting in order to sort out the unresolved issues and to communicate the date, time and venue for the meeting. Another communication was sent by the petitioner on 12.5.2010 once again addressed to the Chief Engineer, Maharashtra State Electricity Transmission Company Ltd. with copies marked to the Project Manager of the respondent at Najafgarh address and to the Project Manager of R.S. India Wind Energy Pvt. Ltd. at its Connaught Place address. The petitioner claims to have sent further similar communications which were either addressed to the respondent or copies whereof were marked to the respondent on 23.11.2010 and 6.4.2011.

(3.) The petitioner invoked the arbitration agreement on 18.9.2012 by sending a notice in terms of Article 16.2 and proposing the name of an arbitrator. This communication was addressed to the Managing Director of the respondent at its Gurgaon address as well as at the address of R.S. India Wind Energy Pvt. Ltd. at Connaught Place, New Delhi. This notice, which was sent by registered post, was received back undelivered with the remark 'left'. The petitioner again invoked the arbitration agreement through e-mail dated 7.11.2012 sent to Mr. Rajkumar of R.S. India Group.Com. Since the sole arbitrator was not mutually appointed, this petition has been preferred.