SEW INFRASTRUCTURE LIMITED Vs. ANDHRA BANK LIMITED

JUDGEMENT

(1.) THIS is an application for appointment of an Arbitrator under Section 11(6) of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the Act).

(2.) THE applicant says that there has been a contractual relationship between the parties, and disputes and grievances have arisen and a disputes resolution mechanism has been provided in the signed agreement dt.18.2.2008 itself. The dispute resolution mechanism is in Clause -45 of the agreement, which is set out hereunder:

(3.) THE applicant says that it has exhausted all avenues as provided in Clause 45, as firstly it approached the Assistant General Manager, before whom the grievance was made and such grievance was not heeded to, thereafter a request for conciliation was asked for. In spite of repeated requests, no conciliation was started. Hence, arbitration mechanism was pressed into action and a letter dt.28.2.2014 was written by the applicant to the respondent demanding appointment of an Arbitrator. Said letter was received by the respondent on 1.3.2014. Thereafter, the present application was filed on 10.4.2014, after expiry of 30 days from the date of receipt of the letter.