MAHALAXMI CONSTRUCTION Vs. PROJECT MANAGER, CONSTRUCTION DIVISION

JUDGEMENT

(1.) This application has been preferred by the petitioner under Sec. 11(6) of the Arbitration and Conciliation Act to seek appointment of a sole Arbitrator to adjudicate the disputes between the parties arising out of their agreement entered into on 16/6/2020, which is reflected in the Work Order issued to the petitioner.

(2.) The petitioner had participated in response to the NIT dtd. 25/1/2020, issued by the respondent for construction of Eklavya Aawasiya Vidyalaya and appurtenant works at Bazpur, District Udham Singh Nagar. The terms and conditions of the tender which form part of the agreement between the parties, contains an Arbitration Agreement in Clause 25.

(3.) The petitioner issued notice to the respondent raising its claims, and also invoked Arbitration Agreement. It appears that on 30/5/2022, the petitioner responded to the communication of the respondent dtd. 18/5/2022, closing the contract. The petitioner also invoked the Arbitration Agreement. Since the respondent does not agree to appointment of an Arbitrator, the petitioner again invoked the same on 11/8/2022, but to no avail. Consequently, this application has been preferred.