GALADA POWER AND TELECOMMUNICATION LIMITED, REPRES Vs. TRANSMISSION CORPORATION OF ANDHRA PRADESH LIMITED

JUDGEMENT

(1.) This is an application filed under Sec. 11(6) of the Arbitration and Conciliation Act, 1996 for appointment of arbitrator on behalf of the respondents.

(2.) The facts leading to the filing of the application are as follows:

(3.) In terms of Clause 10 of the Purchase Order, the petitioner invoked the arbitration clause and appointed Sri K. Gopalakrishna Murthy, Advocate as its arbitrator and a legal notice was issued requesting the respondents to appoint an arbitrator from their side within 30 days from the date of receipt of the notice. It appears that the respondents replied that the arbitration clause couldn't be invoked since W.P. No. 3044 of 2001 filed by the petitioner was pending. According to the petitioner, the said writ petition was filed only in regard invocation of the bank guarantee and it has nothing to do with the arbitration proceedings. This Court has jurisdiction in terms of Clause 10 of the Purchase Order read with the agreement dt.4.3.99 ie Clause No. 28 of General Conditions of the Contract (GCC) and Clause 15 of Special Conditions of Contract (SCC).