KALYAN TOLL INFRASTRUCTURE LTD Vs. UNION OF INDIA

JUDGEMENT

(1.) By way of the present petition filed under Sec. 11(6) of the Arbitration and Conciliation Act, 1996 (the "A&C Act") the petitioner seeks the appointment of an independent sole arbitrator to adjudicate the disputes interse arising between the parties pertaining to the Contract dtd. 30/10/2015.

(2.) Briefly stated the facts of the case are that respondent no.2 awarded a contract bearing no. DGMAP/PHASE-II/MHOW/PKG-13(R&C) of 2015-16 to the petitioner to complete the balance construction works of the residential accommodation at Military Headquarters of War (hereinafter referred to as "MHOW") valued at 1,63,03,53,010 for which petitioner also furnished a Performance Bank Guarantee to the tune of Rs.8,15,18,000.00 in favor of the respondent no.2.

(3.) Consequently, the petitioner informed about the various hindrances to respondent No. 5/Project Manager Married Accommodation Project (MAP) for carrying out the work of construction of the residential accommodation at MHOW through various letters.