IMMORTAL INFRASTRUCTURE PRIVATE LIMITED Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned counsel for the respondent.

(2.) This petition is filed under Section 11 of the Arbitration and Conciliation Act, 1996 (for short 'the Act"), whereby the petitioner has prayed for appointment of arbitral tribunal for adjudication of disputes and differences which have arisen between the petitioners and the respondents under Contract bearing CA No.CEPZ/DEO/08 of 2007- 2008. The said contract was for "PROVISION OF OTM ACCN FOR TAC WING AT SCHOOL OR ARTY DEOLALI". It is not in dispute that as per the General Conditions of the Contract (GCC) which is contained in condition 70, there is an arbitration agreement between the parties. The case of the petitioner is although the execution of Vina khadpe contract stood completed on 15th April 2014, there were substantial payments which the petitioner had not received from the respondents. Accordingly on 16th August 2017, the petitioner addressed a letter to the Chief Engineer Pune Zone - respondent, demanding the outstanding amounts, payable by the respondents. By the same letter, the petitioner also intimated the respondents that in case the amount is not received, the letter be considered as a notice invoking arbitration clause as per condition no.70 of the GCC.

(3.) As neither payment of the outstanding amounts was made, nor appointment of Arbitral Tribual was undertaken by the respondents, hence, the petitioner by its letter dated 5th September 2017, called upon the respondents to appoint an arbitral tribunal. However, as the letters were not acted upon, and as an arbitral tribunal was not appointed, the petitioner has approached this Court by filing this petition under Section 11 of the Act.