BLUE STAR LIMITED Vs. ROCKLAND HOSPITALS LIMITED

JUDGEMENT

(1.) THIS is a petition filed by the petitioner under Section 11 of the Arbitration and Conciliation Act, 1996 (Act, in short).

(2.) THE respondent awarded the work of supply, installation, testing and commissioning of HVAC works at Rockland Hospital at Manesar to the petitioner vide its letter dated March 19, 2010 for the total value of Rs.9,80,00,000/ -. A work order in that regard was issued to the petitioner on April 1, 2010 by the respondent to the petitioner's office at Gurgaon.

(3.) IT is averred in the petition, that the petitioner had submitted sixteen bills till date on pro rata basis as envisaged by the work order dated April 1, 2010, which have not been paid by the respondent company till date despite certified by Colonel Bhandari on behalf of the respondent company on March 12, 2013. It is also averred in the petition that as the disputes arose the same need to be decided through arbitration in terms of clause relating to "settlement of disputes by arbitration" in the work order dated April 01, 2010 and in that regard a notice invoking arbitration clause was issued seeking consent of the respondent for appointment of one of the two retired Judges as arbitrator, no response was received by the petitioner.