P.P.JOHN Vs. THE CHIEF ENGINEER (CIVIL)

JUDGEMENT

(1.) The applicant has executed a civil work for Bharath Sanchar Nigam Limited. Annexure-B is the contract entered into between the parties in this connection.According to the applicant, certain disputes exist concerning the payments to be made to the applicant in respect of the contract referred to above; that the said disputes are required to be settled by recourse to arbitration as per the provisions of the contract and that the respondents are not appointing an Arbitrator to resolve the said disputes as per the terms of the contract.

(2.) The stand taken by the respondents in the counter affidavits filed in this matter, in essence, is that the arbitration clause contained in Annexure-B agreement could be invoked by the applicant only after the conciliation proceedings referred to therein; that the conciliation proceedings referred to in the agreement culminated only on 31.08.2016 and that there is no request thereafter for appointment of Arbitrator.

(3.) Heard the learned counsel for the applicant as also the learned counsel for the respondents.