PMP INFRATECH PVT LTD Vs. WESTERN RAILWAY

JUDGEMENT

(1.) This petition is filed under Sec. 11(6) of the Arbitration and Conciliation Act , 1996, for appointment of an Arbitrator contending inter-alia that despite there being a contract and a demand for appointment having been made by issuance of notice, respondents have refused to appoint the arbitrator.

(2.) I have heard the arguments of Shri Chirag K. Sukhwani, learned counsel appearing for the petitioner and Ms.Archana U. Amin, learned counsel appearing for respondent Nos.1 to 3.

(3.) Petitioner is a company incorporated under the Companies Act , 1956, which is a Class 'AA' Government Registered Civil Contractor and was awarded contract for construction of various offices, toilet block, water hut, PF boundary walls, circulating area and other passenger amenity work at Palanpur and Siddhpur Railway Stations and construction of S & T building at Bhandu Station in connection with utility shifting for the proposed DFC parallel alignment on Pansar - Palanpur Sec. and Sannad - Goraghuma Sec. under Agreement dtd. 27/11/2014. Petitioner is said to have furnished Bank Guarantee for Rs.24,78,700.00 (Rupees Twenty Four Lakhs Seventy Eight Thousand Seven Hundred only) for the value of work of Rs.4,97,73,898.56 ps. (Rupees Four Crore Ninety Seven Thousand Seventy Three Thousand Eight Hundred Ninety Eight and Fifty Six Paisa only) which was valid upto 31/12/2018 and renewed till 31/3/2019.