SKILLED CONSTRUCTION Vs. MANAGING DIRECTOR

JUDGEMENT

(1.) The applicant is an engineering contractor. They have executed a portion of a work undertaken by M/s.KMC Constructions Limited (KMC Constructions) as contractor. Disputes arose between the applicant and KMC Constructions in connection with the execution of the said work. The agreement entered into between them provides that the disputes have to be resolved by recourse to arbitration, if the same cannot be resolved amicably between them. The agreement also provides that in the event of arbitration, both the parties shall nominate their respective arbitrators and the arbitrators so nominated shall appoint a third arbitrator who shall act as the Presiding Arbitrator. The case of the applicant is that the disputes could not be resolved amicably and consequently, they have nominated their arbitrator and called upon KMC Constructions to nominate their arbitrator. It is stated that KMC Constructions has not nominated their arbitrator to resolve the disputes pursuant to the said demand. Hence this Arbitration Request.

(2.) A counter affidavit has been filed on behalf of KMC Constructions.

(3.) Heard the learned Senior Counsel for the applicant as also the learned counsel for the respondents, officers of KMC Constructions.