SIMPLEX INFRASTRUCTURE LTD. Vs. D.S. CONSTRUCTION LTD.

JUDGEMENT

(1.) BY this application/petition (Arb.P. -169/2008) under Section 11 of the Arbitration and Conciliation Act, 1996 the applicant/petitioner has prayed for appointment of an independent and impartial second arbitrator by this Court on behalf of the respondent to constitute Arbitral Tribunal to adjudicate the disputes raised by the applicant.

(2.) THE applicant contended in the petition/application that he had entered into three contracts with the respondent as mentioned below:

(3.) THE petitioner submitted that the three contracts were completed by it to the satisfaction of the respondent and the toll road constructed by petitioner was opened to traffic by the respondent and the respondent was earning revenue out of the same. However, the claims of the petitioner regarding the three contracts have not been settled despite petitioner writing a number of communications to the respondent for amicable settlement. The respondent had initially appointed Mr. S.K. Jain (Senior Advisor, Billing) from their side for resolving the disputes. The petitioner also appointed its nominee and made an attempt to settle the dispute amicably. However, no amicable settlement could be arrived at and a number of excuses were given for denying the petitioner 's claims. The petitioner 's initial name was M/s Simplex Concrete Piles and later on petitioner changed its name to M/s Simplex Infrastructures Limited and the bills were being raised by the petitioner under this changed name and were being duly honored by the respondent in this name but the respondent even raised the issue of name of the petitioner for denying the claims of the petitioner. Since, mutual settlement failed, the petitioner vide letter dated 26/27.2.2008, invoked the arbitration clause contained in all the above three contracts and informed the respondent that it had appointed Mr. Justice P.K. Palli (Retd.), H.No. 246, Sector 19 -A, Chandigarh as its Arbitrator and called upon the respondent to appoint its nominee within a period of thirty days from the date of communication. However, respondent failed to nominate its arbitrator within thirty days. The petitioner therefore, filed this application before the Court for appointment of Arbitrator on behalf of the respondent. The petitioner has mentioned list of his claims in the para 14 of the petition/application. A prayer is made that the second arbitrator be appointed by the Court and third Arbitrator shall be appointed by the two arbitrators.