SAN ENGINEERS Vs. SIDDARTHA CONSTRUCTIONS

JUDGEMENT

(1.) This application is filed under Section 11 of the Arbitration and Conciliation Act, 1996, read with Para 3(i)(c) of Scheme for Appointment of Arbitrators, 1996, as framed by the High Court at Hyderabad, seeking appointment of a sole arbitrator.

(2.) The case of the applicant, in short, is that the applicant proprietary concern is engaged in engineering works, particularly, pile foundation works of various technical specifications for various engineering installations. The respondent is a contractor for Indian Oil Corporation Limited, engaging in works for the said Corporation at its various places of operations. The applicant had undertaken, amongst others, two works at Paradeep and Angul in Orissa as a sub-contractor of the respondent. In that connection, the respondent had placed a work order dated 10.02.2011 for the work of 'BORE cast-in-situ piles of 600mm dia' at Paradeep and another work order dated 20.08.2011 for construction of JSPL, Angul, for mobilizing, erection and dismantling of rig installation of 600 mm dia bore cast-in-situ piles. It is pleaded that both the works were completed and handed over to the respondent by 30.09.2011.

(3.) It is the case of the applicant that there is an arbitration clause being Condition No.19 in the work order dated 20.08.2011 and that in respect of the work order dated 10.02.2011, terms and conditions were not fully supplied by the respondent and some pages were missing. While the second work order contains all pages, including the page containing arbitration clause, in the first work order dated 10.02.2011, pages relating to arbitration clauses were not appended and, therefore, it has to be taken that there is an arbitration clause in both the work orders.