SOHAM CONSULTANCY SERVICES Vs. KALOL NAGARPALIKA

JUDGEMENT

(1.) Heard Mr. Keyur K. Acharya, learned counsel appearing for the petitioner. Respondent is served and represented by Shri Keyur A. Vyas. Respondent's counsel is absent.

(2.) Present petition is filed under Sec. 11(6) of the Arbitration and Conciliation Act, 1996 seeking for appointment of an arbitrator.

(3.) Having heard the learned counsel appearing for the petitioner and on perusal of the records, it would emerge therefrom that in the light of petitioner being empanelled as consultant with Gujarat Municipal Finance Board and other statutory authorities, respondent Nagarpalika appointed petitioner as a consultant for carrying out its various projects. The Government of Gujarat launched a Scheme known as Swarnim Jayanti Chief Minister Urban Development Scheme - Model Nagarpalika for urbanization of Nagarpalikas in the State of Gujarat. For the said purpose, services of various consultants were employed and after inviting tenders for appointment of consultant for infrastructure projects, petitioner came to be appointed as consultant by the District Urban Development Authority, Gandhinagar for four Nagarpalikas including respondent Nagarpalika. Pursuant to the same, petitioner and respondent entered into an agreement on 21/7/2010 under which, scope of work came to be defined which included time schedule, terms of payment, etc. Petitioner claims to have executed the work in a phased manner as per the sanctioned work orders and submitted the bills for payment to the Nagarpalika on time and claims that outstanding amount to the tune of Rs.29,62,787.00=91 is not paid which is payable by the respondent to the petitioner. It is also contended by the petitioner that inspite of repeated reminders and demands made to the respondent for payment of outstanding amount to which petitioner has neither received any reply nor demand raised by the petitioner has been met. Hence, contending that dispute has arisen between the parties and as agreed to between parties, same has to be resolved by arbitration, present application has been filed seeking appointment of arbitrator.