JAGUAR OVERSEAS LIMITED Vs. UNION OF INDIA

JUDGEMENT

(1.) Despite repeated opportunities, no reply has been filed. Right to file reply of the respondents stand closed.

(2.) The applicant has preferred the present application under Sec. 11(6) of the Arbitration and Conciliation Act, to seek appointment of a sole Arbitrator to adjudicate the disputes which have arisen between the parties under their agreement contained in Contract Agreement No. CEB/PGH/45/ on 2022-12 : Provn of MAP Project (Phase I, II and III).

(3.) The case of the applicant is that the applicant was awarded the said contract which had to be executed within a period of 25 months. However, on account of certain alleged delay and defaults attributed to the respondents, the work under the contract was completed on 25/7/2019, after a delay of almost 41 months. The applicant attributes this delay to the respondents. The applicant claims that on account of additional / extra work, and on account of the delay, the applicant has several outstanding claims against the respondents. The agreement contains an arbitration agreement in Clause 70, under which all disputes between the parties to the Contract (other than those for which the decision of the C.W.E. or any other person is by the contract expressed to be final and binding) shall, after written notice by the party to the Contract to the other of them, be referred to sole arbitration of a service officer of the respondent to be appointed by the authority mentioned in the tender document. The applicant invoked the arbitration agreement on 15/6/2021, enlisting its claims and seeking appointment of an Arbitrator. However, no Arbitrator was appointed by the respondent, and consequently, this application has been preferred.