POPULAR CONSTRUCTION Vs. ITI LIMITED

JUDGEMENT

(1.) HEARD the counsel for the applicant and the learned senior counsel appearing for the 1st respondent.

(2.) APPLICANT is a partnership firm. On 5.7.2003, 1st respondent issued them a work order "for providing external plant U/G cable laying Network under Palakkad SSA Cable laying work at Ottappalam Tele Exchange area". Accordingly, applicant entered into an agreement with the 1st respondent on 30.7.2003. The agreement, a copy of which has been produced along with the memo dated 2.1.2012, inter alia provide for resolution of disputes by arbitration. According to the applicant, they completed the work and submitted their final bill.

(3.) THAT communication was challenged before this Court in W.P.(C).26111/10, which was disposed of relegating the applicant to work out their remedies either before the Civil Court or in Arbitration proceedings. Accordingly, Annexure-IV notice was issued demanding arbitration and that was replied by Annexure-V stating that all payments due under the contract have been paid and that the claim now made is barred by limitation. It is on receipt of this communication, this application has been filed under Section 11(6) of the Arbitration and Conciliation Act seeking appointment of an Arbitrator.