R GEORGE PEREIRA Vs. JOSEPHS INTERNATIONAL ACADEMY

JUDGEMENT

(1.) This is an application under Section 11(6) of the Arbitration and Conciliation Act, 1996 and the Scheme for Appointment of an Arbitrator by the Chief Justice of the Kerala High Court. The application seeks appointment of an independent and impartial arbitrator for adjudicating upon the various claims of the applicant against the respondent The applicant was contractor of the respondent for the construction of an school building at Kumbalam in Kollam under the name and style "St. Joseph International Academy". It is alleged that disputes and differences arose between the parties on account of what is described as the recalcitrant attitude of the respondent to allow the applicant to complete the work which had neared completion. It is claimed that the applicant has carried out works worth Rs. 68,57,616/- in seven part bills whereas the respondent has paid only Rs. 45,68,712/-. The balance amount due under the part bill is Rs. 22,88,904/-. Since the balance amount remained unpaid, the windows which had been supplied by the applicant to the respondent had to be taken back and deducting the value of those windows, the balance amount due to the applicant is Rs. 22,12,087/-. According to the applicant, in order to avoid payment of the above amount the respondent sought to terminate the contract. The disputes and differences which was thus arisen are to be settled by resorting to arbitration proceedings. Annexure A8 is copy of the agreement between the applicant and the respondent for construction of St. Joseph International Academy and Clause 17 thereof is quoted as follows:

(2.) On the basis that no counter affidavit was filed the A.R. was allowed by order dated 11-10-2007. Later R.P. No. 233 of 2008 was filed and the above order was recalled.

(3.) The contentions of the respondent as discernible from the RP. 233/08 filed by him and also the reply affidavit filed by him in the said RP are as follows: