VIPIN BHIMLAL SHAH Vs. SLUM REHABILITATION AUTHORITY

JUDGEMENT

(1.) By this application under Section 11(6) of the Arbitration and Conciliation Act,1996 (for short 'the Act') the applicant is seeking appointment of an arbitrator for adjudication of the disputes that have arisen between the applicant and the respondent.

(2.) The case of the applicant is that he is a sole proprietor of Vipin Shah & Associates and is carrying on business as Turn-key contractor. The respondent is the Slum Rehabilitation Authority constituted under the Maharashtra Slum Area (Improvement, Clearances and Development) Act,1971. The respondent had invited tenders for carrying out the work of refurbishment of the SRA administrative building. The applicant was one of the bidders and his tender was accepted by the respondent. The applicant mobilised necessary resources for commencement and completion of the work under the contract. The work could not be completed within the stipulated date of completion due to various defaults and failures on the part of the respondent and due to various breaches of contract committed by the respondent as alleged by the applicant, though the work under the contract was satisfactorily completed by the applicant.

(3.) The applicant in seeking a relief that this Court appoint an arbitrator in exercise of its jurisdiction under Section 11(6) of the Act, refers to clause 96 of the General Conditions of the Contract being the arbitration agreement between the parties which reads thus:-