BUILDERS AND ASSOCIATES Vs. UNION OF INDIA (UOI)

JUDGEMENT

(1.) THE petitioner has filed this revision application under Section 115 of Code of Civil Procedure, 1908, and challenged the order passed by learned City Civil Judge, Ahmedabad on 13.1.2000 in Civil Misc. Application No. 65 of 1995 filed for appointment of arbitrator under Section 8 of Arbitration Act, 1940.

(2.) IT is the case of petitioner that the respondent entered into contract with the petitioner for work of construction of wagon and an agreement was entered into between them on 11.6.1987, and as per the contract, the work was completed on 31.8.1990. Thereafter the petitioner was allegedly compelled to sign 'No Claim Certificate' in the printed form for release of the payment of final bill for the work carried out by the petitioner. Pursuant to the issue of 'No Claim Certificate' by the petitioner, the payment was made on 28.1.1992. The petitioner did not include various claim in the final bill and approached the respondent to settle the claims. Thereafter a notice dated 1.12.1994 was served to the respondent to appoint a sole arbitrator to adjudicate the legitimate claim as provided under Arbitration Clause No. 64 of the contract but the respondent failed to reply to the notice and refer the dispute to the arbitrator and therefore application was filed in the City Civil Court at Ahmedabad for appointment of arbitrator. The Court after hearing the learned advocates for the parties dismissed the application and hence this revision application.

(3.) I have heard learned advocate Mr. Malhotra for the petitioner and learned advocate Mr. Bipin Mehta for the respondent at length and in great detail.