ASHWANI KUMAR KAPILA Vs. COSTAL PROJECTS LTD.

JUDGEMENT

(1.) Respondent No. 1 has been served through Publication. An Affidavit of Service has been filed. Despite service through publication, none appears for Respondent No. 1. Accordingly, I proceed to dispose of the present Application.

(2.) The present Application has been preferred by the applicant under Sec. 11(6) of the Arbitration and Conciliation Act, 1996 for appointment of a Sole Arbitrator.

(3.) Respondent No. 1 issued a Work Order in favour of the applicant for execution of the work relating to "Slope stabilization work using shotcreting with wiremesh work At 765 KV GIS Koteshwar Substation Project". Clause 8.0 of the Work Order contains an Arbitration Agreement between the parties, which provides that all disputes arising under the Contract shall be referred to the sole arbitration of a person who shall be mutually acceptable to both parties or a panel of three persons, one nominated by M/s CPL, i.e. Respondent No. 1, one by the Contractor and the third by both the Arbitrators. Respondent No. 2 is the Primary Employer for whom the work was to be executed. Respondent No. 2 is not a party to the Agreement between the applicant and Respondent No. 1.