EVERONN SYSTEMS INDIA LIMITED Vs. DIRECTORATE OF EDUCATION

JUDGEMENT

(1.) THIS is a petition under Section 11 (6) of the Arbitration and conciliation Act, 1996 for appointment of a sole arbitrator in terms of arbitration agreement between the parties as the disputes have arisen between the parties.

(2.) THE petitioner is a company incorporated under the provisions of the companies Act, 1956 and is engaged in the business of imparting computer education, maintenance and supply of computer hardware, development of computer software etc. The petition has been filed by Mr. Chandrababu, general Manager of the petitioner company, who has been authorized by a resolution dated 24th July, 2007 passed by the Board of Directors, to institute this petition.

(3.) THE contention of the petitioner is that a Notice Inviting Tender (NIT)bearing No. F. DE-45/21/cep-V/2004 was issued by the respondent for computer education project, "cep-V", in 267 Government/ Government aided schools in the NCT of Delhi and the petitioner was selected as a successful bidder and a letter of acceptance dated 30th January, 2006 was issued to the petitioner along with a draft agreement for execution. However, as the draft agreement was at variance with the terms and conditions of the nit therefore, a clarification was sought by the petitioner by its letter dated 31st January, 2006. Thereafter an agreement dated 20th February, 2006 was entered between the parties formally incorporating the scope of project and the various terms and conditions governing the parties. The agreement was valid till 27th March, 2010 and that the project implementation was to be completed within 30 days from the date of the signing of the agreement. According to the petitioner there was a delay in the implementation of the project on account of inactions attributable to the respondents. The petitioner has detailed the reasons for non-implementation of the project in para 13 of the petition.