R.T.A. ENGINEERING Vs. SUPERINTENDING ENGINEER

JUDGEMENT

(1.) This application has been preferred by the applicant under Sec. 11(6) of the Arbitration and Conciliation Act, 1996, to seek appointment of the sole Arbitrator to adjudicate the disputes, which have arisen between the parties in terms of their agreement.

(2.) The case of the applicant is that the parties entered into an agreement on the General Conditions of Contract issued by the respondents-Public Works Department in relation to a work at Pokhari-Vishalkhal-Ali-Kandai Motor Road (Km. 1 to Km. 16) in District Chamoli. The applicant had participated in the e-tender process and was awarded the contract for Rs.3,80,74,273.00. The Letter of Acceptance was issued by the respondents, and the respondent no.1 entered into a contract agreement on 16/3/2016, as per the Contract Bond 14/S.E.07/2016-17. The contract contains an arbitration agreement under Clause 31 of the General Conditions of Contract dtd. 8/1/2014.

(3.) The case of the applicant is that the applicant invoked the arbitration agreement on 2/1/2021. The respondents have, however, not cooperated in appointment of the Arbitrator. Consequently, this application has been preferred.