SCON CONTRACTS Vs. NEENA DHINGRA

JUDGEMENT

(1.) PRESENT petition has been filed by the petitioner M/s. Scon Contracts against the respondent under section 11 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as 'Act') for appointment of an arbitrator. The petitioner was granted civil work for the respondent's building at Plot No.33- 34, Sector 5, IMT, Manesar, Gurgaon vide letter of intent dated 4th April, 2005. As per the terms of the letter of intent 'Articles of Agreement' issued alongwith the tender documents were to be executed on stamp paper but the same could not be done. The petitioner executed more than 80% of the contracted work, however, dispute arose between the parties. As per the Arbitration Clause 15 contained in the 'Articles of Agreement' all disputes arising inter se the parties related to the work awarded in terms of the letter of intent are referable for adjudication to the arbitrator only.

(2.) RESPONDENT failed to appoint an arbitrator despite service of notice dated 10th January, 2007, hence this application.

(3.) TH April, 2005. The relevant line of this letter reads as :