G.KOTESWARA RAO Vs. GENERAL MANAGER,

JUDGEMENT

(1.) Petitioner is a contractor, who entered into Annexure A1 agreement with the 3 rd respondent in respect of certain construction work. Their arose certain disputes in respect of the contract. As per the general conditions of contract in Annexure A3 there is a provision for settlement of disputes in Clause 63 which reads as follows:

(2.) Clause 64 deals with demand for arbitration and the procedure thereof. Clause 64.1(i) reads as follows:

(3.) Clause 64.3 deals appointment of Arbitrator. Petitioner claims that he had already requested to refer the dispute to arbitration as per Annexure-A2 letter, addressed to the General Manager-the first respondent, while raising claims for payment. Subsequent to that, the petitioner again addressed the General Manager with Annexure-A4 letter on 05.02.2018, reminding that he had already requested for arbitration. As per Annexure-A5 letter dated 23.05.2018, the second respondent informed the petitioner that claims raised by him are not admissible as per the general conditions of contract.