ROYAL INFRA ENGINEERING PVT. LTD. Vs. BAGASARA NAGARPALIKA

JUDGEMENT

(1.) By way of the present petition preferred under Sec. 11 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as 'the Arbitration Act '), the petitioner has prayed to appoint an Arbitrator to resolve the disputes arose between the parties with regard to Agreement dtd. 10/8/2017 which was executed between the respondent and the petitioner in pursuance of Tender Notice dtd. 15/5/2017 by which the bids were invited for construction work of Cement Concrete Road with (Tri-Mix) at various area of Bagasara, Dist. Amreli.

(2.) In response to the notice issued by this Court, the respondent has appeared through learned advocate Mr. Rutvij Oza and filed affidavit-in-reply and opposed the present application. The petitioner has also filed affidavit-in-rejoinder.

(3.) Mr. Sukhwani, learned advocate appearing for the petitioner would submit that in pursuance to the Tender issued by the respondent Nagarpalika for the above mentioned work, Agreement dtd. 10/8/2017 came to be executed between the parties. Thereafter, dispute arose between the parties and hence, by notice dtd. 21/12/2021, the petitioner has called upon the respondent to pay Rs.2,32,24,897.40 together with interest @ 18% p.a. from due date till its realization or to appoint an Arbitrator for resolving the disputes between the parties. However, the same was not replied by the respondent. Hence, the petitioner was left with no other alternative but to prefer the present petition.