K.K.ANILKUMAR Vs. SIMPLEX INFRASTRUCTURES LIMITED

JUDGEMENT

(1.) The applicant, a contractor engaged in Architectural, Engineering and related activities, has filed this Arbitration Request in connection with the amounts due from the respondents as remuneration of the work of piping fabrication and erection of clean agent gas system at MSBP and DHDS sites for M/s. BPCL, Kochi.

(2.) It is stated that as per Annexure-1 work order dtd. 2/2/2020, the applicant had completed the works undertaken and issued 6 running account bills with final bill for a total amount of Rs.86,73,783.00to the respondents. Out of the above amount, the respondents are said to have released only Rs.60,83,934.00, and the balance amount outstanding as on the date of application is Rs.28,64,353.00. Aggrieved by the refusal of the respondents to make payment of the aforesaid amount, inspite of repeated demands, the petitioner has approached this Court with this Arbitration Request as provided under the terms of agreement with the respondents.

(3.) Clause 20 of Annexure 1 work order would reveal that the dispute or difference arising out of the terms and conditions of the said work order are to be resolved through the appointment of a sole Arbitrator. Furthermore, as per Annexure 1 work order, there existed a valid and legally enforceable agreement between the parties which contained a valid arbitration clause for the resolution of the disputes. Annexure 2 notice issued by the petitioner would reveal that the respondents were duly intimated by the petitioner about their desire to have the issues resolved through the appointment of an Arbitrator in accordance with the terms of the agreement between them. As the respondents have not cared to co-operate with the petitioner in having the disputes settled by adopting the course provided under the terms of the agreement with the petitioner, the claim of the petitioner for the appointment of an Arbitrator at the instance of this Court, is well founded.