SATISH BUILDERS Vs. CHAIRMAN AIRPORT AUTHORITY OF INDIA

JUDGEMENT

(1.) The petitioner has filed the present petition under Section 11(2) and (6) of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the said Act)seeking appointment of an arbitrator in view of the disputes having arisen between the parties. The petitioner was awarded the building work including of electrical installation conduiting, wiring etc. vide letter dated 2.8.2005 for a tendered amount of Rs.7,26,83,509.82 The work had to be completed within nine months from 11.8.2005. The date of completion, thus, was 10.5.2006.

(2.) It is the case of the petitioner that the work could not be completed in time due to hindrance of the respondent. The civil work was completed on 25.1.1996 and electrical work on 10.10.2006.

(3.) In view of the claims of the petitioner not being settled, the petitioner invoked the arbitration clause 25 contained in the contract and served the notice upon the respondent on 19.2.2007. The respondent did not take any action within 30 days and, thus, the present petition was filed on 3.4.2007. Notice was issued on 16.4.2007 returnable for today. It is thereafter only on 7.5.2007 that the respondent has appointed an arbitrator.