TELECOMMUNICATION CONSULTANTS INDIA LIMITED Vs. BORDER ROAD ORGANIZATION

JUDGEMENT

(1.) Despite grant of opportunity, no reply has been filed. None appears for the respondent. Accordingly, I proceed to dispose of the present application preferred by the applicant under Sec. 11(6) of the Arbitration and Conciliation Act.

(2.) The case of the applicant is that the applicant entered into an Agreement with the respondent with the issuance of a Work Order No. 01 on 24/7/2009. The brief specification of the work given in the Work Order was "Widening / Improvement of Dharasu-Gangotri Road (NH-108) from Km 0.000 to Km. 13.000 (Net Length 13.000 Kms.)". The date of handing over of the site was 27/7/2009, and the date of completion was 26/7/2011. The case of the applicant is that disputes arose between the parties in relation to the said work, and the applicant invoked the Arbitration Agreement on 30/12/2021.

(3.) The applicant claimed in the notice that the completion of the work was delayed and various extension of time letters were issued. The work was successfully completed on 31/10/2017, and the maintenance period of 12 months got over on 31/10/2018. The applicant claimed that the respondent had not cleared the applicant's dues, and consequently, invoked the arbitration agreement contained in Clause 70 of the General Conditions of Contract, on 31/12/2021. The said Clause reads as follows: