VISHAL INFRASTRUCTURE LIMITED Vs. UNION OF INDIA

JUDGEMENT

(1.) This petition under Section 14 read with Section 15 of the Arbitration and Conciliation Act , 1996 (hereinafter referred to as the „Act?) has been filed by the petitioner seeking termination of the mandate of the Arbitrator appointed by the respondent and for appointment of a Substitute Arbitrator for adjudicating the disputes that have arisen between the parties in relation to the Contract Agreement dated 28.01.2011 awarding the contract for "construction of dwelling units including allied services for officers, JCO, OR?s at Kirkee (Army)" to the petitioner.

(2.) The disputes arose between the parties with the termination of the contract by the respondent vide its letter dated 23.09.2013.

(3.) The petitioner by its letter dated 08.10.2013 requested the respondent to appoint a Sole Arbitrator under Clause 60 of the General Conditions of Contract. The respondent, however, by its letter dated 09.10.2013 refused to appoint an Arbitrator till alternative arrangements to get the work completed through any other contractor /contractors is made by it.