SHARDA CONSTUCTION Vs. UNION OF INDIA

JUDGEMENT

(1.) The instant application has been preferred by the applicant under Sec. 11(6) of the Arbitration and Conciliation Act, 1996 for appointment of arbitrator.

(2.) Precisely stated facts of the case that applicant is a registered firm with the respondents and secured work at Air Force Station, Maharajpur (under the control of Chief Engineer, Air Force, Allahabad) in the month of August, 2006. Contract bearing CA No.CE(AF)/ALD/MHR/01 OF 2006-07 dtd. 18/8/2006 was awarded to the applicant for PROVN OF CERTAIN ACCN AND ALLIED SERVICES AT AF STN MAHARAJPUR. Work executed by the applicant was governed by the General Condition of Contract known as Indian Army Forms Work 2249 (hereinafter referred to as "IAFW 2249"). Clause 70 of IAFW 2249 refers Arbitration.

(3.) As submitted, applicant successfully completed the awarded work on 21/10/2011 but in spite of successfully completing the work, respondents did not make payment of final bill to the applicant which was due w.e.f. 20/4/2012 i.e. six months after the date of completion of work in terms of condition of condition No.65 of General Condition of IAFW 2249. Being disgruntled, on 20/5/2015 (Annexure A/4) applicant issued final notice to invoke condition No.70 of IAFW 2249 for going into arbitration but same was replied vide letter dated 11-06- 2015 (Annexure A/5) in which it has been intimated to the applicant that final bill in respect of above work is held up for want of signature of applicant on recovery statement of labour welfare cess, therefore, he was requested to do the formalities. It further appears that vide letter dtd. 22/8/2015 applicant applied to the respondents and raised its objection about the letter sent by the respondents on 11/6/2015, 23- 06-2015 and 30/6/2015.