CHETAN BUILDERS Vs. MCD

JUDGEMENT

(1.) THE present petition has been filed by the petitioner under Section 11 of the Arbitration and Conciliation Act, 1996 for appointment of an Arbitrator, in terms of clause 25 of the Agreement executed between the parties, as disputes are stated to have arisen between them.

(2.) IT is stated on behalf of the petitioner that the petitioner was awarded the work of construction of a dalao in place of a dustbin at Kalkaji extension, in terms of the work order dated 19th February, 2003. It is averred that the work could not be started and executed on time due to hindrances at the site and non-cooperation on the part of the respondent. The petitioner completed the work on 17th July, 2004 and requested the respondent to make payments of its bills but the respondent failed to do the needful as a result of which disputes have arisen between them.

(3.) COUNSEL for the petitioner submits that the parties are governed by an arbitration clause, being clause 25 of the work order governing the parties. The said clause is as under: