D.P. CONSTRUCTION Vs. VISHVARAJ ENVIRONMENT PVT. LTD

JUDGEMENT

(1.) Heard the learned counsel appearing for the parties.

(2.) A preliminary objection taken by the nonapplicant has led to an interesting question in the present application pertaining to jurisdiction of this Court under sec. 11 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the "said Act"), in the context of sec. 21 thereof, as regards the invocation of arbitration by either party.

(3.) The facts in brief leading to filing of the present application are that the non-applicant was awarded contract by the Nagpur Municipal Corporation for laying pipelines and in that context the non-applicant engaged the applicant by issuing work order, after the terms were agreed upon negotiations. The work order executed in favour of the applicant consisted of a clause for settlement of disputes by arbitration. Upon the execution of the works, certain disagreements seem to have occurred between the parties as regards the extent of work done, the time taken for the said work and the entitlement of the applicant towards payment in terms of the agreement between the parties. There was exchange of communications between the parties, including a letter dtd. 07/09/2020, sent on behalf of the applicant to the General Manager of the non-applicant, stating that the representatives of the non-applicant had agreed to make necessary amendments to the work order for facilitating payments, but such amendments were not carried out and eventually it was requested that the non-applicant may take necessary steps so that the applicant was properly compensated.