KOTHARI ASSOCIATES Vs. CHIEF ENGINEER, PUBLIC WORKS DEPARTMENT

JUDGEMENT

(1.) The present application has been preferred by the applicant, under Sec. 11(6) of the Arbitration and Conciliation Act, 1996 (the Act), to seek appointment of a sole arbitrator for adjudicating the disputes, which have arisen between the parties.

(2.) The parties entered into a contract agreement on 25/4/2006 bearing Contract Agreement No. 3/E.E./2006-07 for construction of residential and non-residential buildings at Fire Station, Vikasnagar, Dehradun, and for the residue work (i.e. windows, doors, flooring etc.) in residential and non-residential building at Fire Station, Vikasnagar, Dehradun.

(3.) Clause 32 of the agreement, which has also been placed on record, contains the arbitration agreement between the parties. As per the agreement, the appointment of the arbitrator had to be made by the Chief Engineer, Public Works Department. However, in the light of the amended law, contained in Sec. 12(5) read with the 7th Schedule to the Act, the appointment cannot be of an officer of the Respondents.