S S JETLY CONTRACTOR Vs. DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) The present application has been filed by the applicant under Section 11(6) of the Arbitration and Conciliation Act, 1996 for issuance of directions to the respondents-DDA to file the original Agreement containing arbitration clause 25 and for appointment of an Arbitrator as provided under that clause.

(2.) The brief facts of the case are that Delhi Development Authority, respondent herein, invited tenders for execution of the work named and styled as "C/0356 SFS Houses Cat-II in Pocket-III at Madipur SH: C/o 132 houses Category-II Madipur Ph-1, Gr-I. In response to the said invitation to tender the applicant submitted his tender which was accepted and the subject work was awarded to the applicant by the respondent vide letter dated May 27,1988 The Agreement bearing No.3/EE/WD-I/DDA/88-89 was executed between the applicant and the respondents which is governed by the General Conditions of Contract providing for settlement of disputes arising out of and relating to the subject work/contract by way of Arbitration under clause 25. Clause 25 of the Agreement reads as follows:

(3.) The applicant has further contended that the work was completed on January 15,1993 to the entire satisfaction of the respondents and since the date of completion of the work the applicant has been requesting the respondents to finalise the account and pay the final bill and release the security in the form of Bank Guarantee. The respondents instead of paying the final bill and releasing the security has been making the payment on account. In this context it is stated that the respondents made two on account payments in July, 1994 and October, 1994 and thereafter neither any payment has been made nor account has been finalised till today. The applicant kept on extending the Bank Guarantee till January 18, 1996. The claims and disputes of the applicant which are stated to have arisen between the parties are referred to in para 7(ix) and read as follows: