SANRACHANA (INDIA) INC. Vs. ULTIMATE FLEXIPACK LTD.

JUDGEMENT

(1.) THE present petition is filed by the petitioner under Section 11(6) of the Arbitration and Conciliation Act, 1996, invoking therein an Arbitration Clause 11 contained in the general conditions of contract governing the parties.

(2.) IT is the case of the petitioner that the petitioner is a contractor executing various types of works with the government and private agencies. The respondent floated a tender for execution and completion of a work named as 'Balance Civil Work at Ultimate Flexipack Limited Bari Barhmana, Jammu'.

(3.) COUNSEL for the petitioner states that in the aforesaid circumstances his client invoked the Arbitration Clause 11 contained in the general conditions of the contract governing the parties, by issuing a letter dated 28.08.2007, to the respondent requesting the respondent to agree to anyone of the three names given therein for appointment as a sole arbitrator. Instead of responding to the aforesaid request, the respondent replied vide letter dated 10.10.2007, refusing to concur in the appointment of the sole arbitrator on the ground that the work order dated 22.10.2005, issued in favour of the petitioner does not contain an arbitration clause. Aggrieved by the aforesaid failure on the part of the respondent to agree to the appointment of a sole arbitrator, the petitioner has filed the present petition.