D.K. CONSTRUCTION COMPANY Vs. NAGAR PANCHAYAT

JUDGEMENT

(1.) This application is filed, under Section 11(6) of the Arbitration and Conciliation Act, 1996 (for short the 1996 Act), seeking appointment of an Arbitrator.

(2.) The applicant herein is a contractor carrying on business as a sole proprietary concern. He is a Class A contractor registered with the Public Works Department (B and R), Uttarakhand Government. A notice inviting tender was floated in the month of May, 2015 to which the applicant submitted his bid. As he was the lowest tenderer, he was informed by the second respondent, by letter dated 22.06.2015, that his quotation was approved. The applicant was directed to furnish Security Deposit within seven days. Various other directions were also issued to him. By letter dated 29.06.2015, the applicant was informed that his tender, for execution of road and drainage system, has been accepted, and he was directed to commence execution of the works.

(3.) The agreement entered into between the parties dated 29.06.2015 does not specifically contain an arbitration clause. However, Clause 15 thereof provides that works which are carried out under the State's monetary assistance would be governed by the applicable Government Orders.