G D BUILDERS Vs. UNION OF INDIA

JUDGEMENT

(1.) This is an arbitration petition, on behalf of the petitioner, undersection 11(2) & (6) of the Arbitration & Conciliation Act, 1996 (hereinafter referred to as the 'Act') seeking a direction to the respondents to file the original of Arbitration Agreement in this Court & also an Order of reference of the disputes/claims enumerated in Para 22 of the petition for arbitration.

(2.) The Clause 67 of the contract Agreement provided for the arbitration.

(3.) This petition arises from construction of institute of Printing Technology at Pusa Campus, Delhi. The petitioner was awarded a contract for construction of work. The dispute arose from the alleged inability of the respondents to hand over the structure to the petitioner. The petitioner had furnished security and the claim is on account of the suffering of heavy losses due to non-handing over of the site and illegal termination of the contract. Thus on 12.6.97 the petitioner served a notice on the respondent under Clause 67 of the Agreement praying for arbitration. There was no response from the respondents to the said notice leading to the present petition. Time was sought by the respondents on 14th December, 1998 to file a reply. Time was also sought on 7.4.1998. Even today the reply is not filed. Since the petition only seeks the appointment of an arbitrator. Accordingly, the petition is allowed. The respondents are hereby directed to file the original arbitration agreement within eight weeks from today. The respondents are also directed in terms of Clauses 67 to appoint an arbitrator within ten weeks from today. There shall be no orders as to costs.