NYIMI ENTERPRISE Vs. STATE OF UTTARAKHAND & OTHERS

JUDGEMENT

(1.) Petitioner entered into a contract with the respondent no. 2 on 5.2.2010 for construction of a road in District Almora. Admittedly, the road was not constructed in time by the petitioner and thereafter the contract was terminated by the respondents on 28.9.2011. Contract admittedly had an arbitration clause. After termination of the contract, petitioner wrote a letter on 20.9.2014 to the respondent no. 2 asking for appointment of arbitrator. The said respondent gave its reply letter dated 6.1.2015, but thereafter the petitioner did not respond.

(2.) Undisputedly, the work had to start on 26.2010 and the date of its completion was 18.8.2011. But the contractor/petitioner did not complete the work within the stipulated time and the work seems to have got delayed. Consequently, the contract was cancelled on 28.9.2011.

(3.) Petitioner has now approached this Court by way of filing the present arbitration petition under Section 11(6) of the Arbitration and Conciliation Act, 1996 for appointment of arbitrator.