SIEMENS LIMITED Vs. JINDAL INDIA THERMAL POWER LIMITED

JUDGEMENT

(1.) IA No.4378/2017 (exemption) Allowed subject to all just exceptions. ARB.P. 243/2017 This petition is filed under Section 11(6) of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the Act) seeking appointment of an arbitrator on behalf of the respondent. Some of the salient facts as stated in the petition are that the respondent issued a tender dated 29.04.2011 for design, engineering, etc. of equipment/items for extension of its 765/400 K.V. Angul Pooling Station (Power Grid) complete in all respects along with metering yard and civil work etc.

(2.) On 21.07.2011, the bid of the petitioner was accepted and a letter of intent was entered into between the parties envisaging the scope of work @ Rs. 18,81,00,000/-. On 17.09.2011, two separate orders were placed by the respondent. It is the case of the petitioner that on 02.06.2014, the work under the contract was completed to the respondent's satisfaction.

(3.) Disputes having arisen between the parties, the petitioner on 02.01.2017 invoked the arbitration clause and nominated Mr. Justice Vikramjit Sen (Retd.) as an arbitrator in accordance with the terms of the contract. The case of the petitioner is that despite receipt of notice dated 02.01.2017 invoking the arbitration clause and lapse of 30 days period during which, as per the arbitration clause, the respondent was requested to resolve the disputes, the respondent failed to resolve the disputes. Thereafter another 30 days lapsed but the respondent took no steps to appoint their Arbitrator.