UNITECH POWER TRANSMISSION LTD. Vs. MANAGING DIRECTOR, POWER TRANSMISSION CORPORATION OF UTTARAKHAND LIMITED

JUDGEMENT

(1.) Heard Mr. Arvind Kumar Sharma, learned counsel on behalf of the applicant and Ms. Priyanka Agarwal, learned counsel on behalf of the respondents.

(2.) The present Arbitration Application has been filed under Sec. 11(5)(6) of the Arbitration and Conciliation Act, 1996, seeking appointment of an arbitrator.

(3.) Learned counsel for the respondents submitted that the application is premature, inasmuch as, the applicant has not availed the alternate mechanism of dispute resolution provided under Clause 45.1 of the agreement, nor has given any notice invoking the arbitration clause, before approaching this Court.