HARCHARAN DASS GUPTA Vs. WAPCOS LIMITED

JUDGEMENT

(1.) The present petition under Sec. 11(6) of the Arbitration and Conciliation Act, 1996 (hereinafter 'the A&C Act') seeks appointment of a sole arbitrator to adjudicate the disputes between the parties. The disputes between the parties have arisen in the context of an agreement between the parties for work relating to construction of a Boundary Wall, Gate and Guard Room for the Central Training College of ITBP at Alwar, Rajasthan (hereinafter 'the Work').

(2.) It is submitted by the petitioner that the work in question thereof started on 4/7/2016 and was scheduled to be completed by 3/10/2017. However, due to constant alterations occasioned at the behest of the respondents, the work was marred with delays and could not be completed within the stipulated time. Serious disputes between the parties arose as regards the entitlement of the petitioner under the agreement. The respondent no.1 also issued a notice of termination to the petitioner directing the petitioner to complete the remaining work within a period of 45 days and cautioned that a failure could lead to termination without notice.

(3.) Further correspondences ensued between the parties and attempts are also stated to have been made to amicably resolve the matter; however disputes between the parties continued to fester. Eventually, the petitioner served an invocation notice dtd. 12/12/2023 to the respondent. The same was responded to by the respondent vide letter dtd. 12/1/2024, proposing the name of certain persons who could be appointed as a sole arbitrator. However, the parties could not mutually agree in this regard. Consequently, the present petition has come to be filed.