VISHINDAS BHAGCHAND Vs. CHAIRMAN MAHARASHTRA STATE ELECTRICITY BOARD

JUDGEMENT

(1.) M/s. Vishindas Bhagchand, a Partnership Firm, has applied to this Court for appointment of Arbitrator in order to resolve the disputes with the respondents.

(2.) IT is the case of the petitioner-Firm that the respondents invited tenders for construction of Post Water Treatment Plant, Hydrogen Generation Plant, A. H. Plant, Switchgear Building for C. T. Electrical Groundings and other associated works at Chandrapur Thermal Power Station, Stage-III 2x500 MW-Unit 5 and 6, as per the tender No. 8 BC. The petitioners tender was accepted by the respondents and they were issued works order dated 3-11-1988. Under the contract, the work was to be completed on 31-1-1991, but the same was required to be continued upto 1-8-1991 when it was short closed by the respondents.

(3.) IT is the case of the petitioner-Firm that though the work was short closed on 1-8-1991, the respondents had not cleared the final bill of the petitioner. By the letter dated 24-10-1996, the respondent No. 3 called upon the petitioner for settlement of certain issues for finalising the appeal, pursuant to which the petitioner attended the office of the respondent No. 3 and discussed the pending issue, but the same could not be settled and, therefore, the petitioner served the respondents with notice dated 22-8-1997, raising the pending issue and calling upon the respondent No. 1 to make appointment of Arbitrator as per terms of the contract. By notice dated 20-9-1997, the respondents denied the claim lodged by the petitioner and expressed inability to comply with the notice by stating out various reasons in their notice. According to the petitioner, inspite of this, the parties continued to correspond and negotiate in the matter for settlement of bill and it is in the course of these negotiations, certain issues between them were settled.