S P SINGLA CONSTRUCTIONS Vs. U O I

JUDGEMENT

(1.) THE present petition is filed by the petitioner under Section 11 (6), read with Sections 14 and 15 (2) of the Arbitration and Conciliation Act, 1996 (in short 'the Act') praying inter alia to appoint an independent and impartial arbitrator in terms of Section 11 (6) read with Section 15 (2) of the Act.

(2.) THE case of the petitioner is that the petitioner is a contractor engaged in the business of carrying out government contracts. On 31. 12. 2005, the petitioner was awarded the work of constructing sub-structure on well foundation, pier/abutment, pier cap, bearing pedestals, earth work on approach embankments and other associated works of Bridge No. 52 for double line track over river Ganga at Garhmuktesar bridge on ghaziabad-Moradabad Section of Northern Railway. In the course of execution of the contract, disputes and differences arose between the parties. The petitioner issued a letter dated 19. 2. 2007 to the respondents calling upon them to refer all the disputes and claims raised by the petitioner to an arbitrator, in terms of the arbitration clause governing the parties, namely clause 64 (l) (i) of the General Conditions of the Agreement.

(3.) COUNSEL for the petitioner states that as the claims were for a sum above Rs. 10. 00 lacs, three arbitrators were required to be appointed in terms of Clause 64 (3) (a) (ii ). The aforesaid clause is reproduced herein below for ready reference: