DHARAMDAS TIRATHDAS CONSTRUCTIONS Vs. GOVERNMENT OF INDIA

JUDGEMENT

(1.) The petitioner has filed this MCC under Sec. 11 (6) of the Arbitration and Conciliation Act, 1996 seeking the appointment of an Arbitrator in order to resolve the dispute with the respondents.

(2.) Petitioner is a company registered under the Companies Act engaged in construction work. The petitioner entered into an agreement vide work order dtd. 16/12/1996 with the respondent for the construction of 60 T 3 quarters for GPRA at Bilore Compound, Indore. The total period of completion of work was 18 months, which was liable to the extended by the respondents. According to the petitioner, the work was completed on 1/4/2000 to the tune of Rs.1,97,57,325.00 against which the respondents paid Rs.1,72,71,145.00. Clause 25 of the agreement provides the resolution of the dispute by way of arbitration. The petitioner sent a letter dtd. 18/12/2000 invoking clause 25 of the arbitration. Respondent No.1 vide letter dtd. 20/5/2002 demanded the documentary evidence for compliance with clause 25 of the agreement which the petitioner submitted vide letter dtd. 18/7/2002. Vide order dtd. 11/9/2002, respondent No.2 has rejected the application for appointment of arbitrator due to non-fulfilling the condition precedent seeking arbitration and delay of raising the dispute beyond the period of 120 days, hence, the present MCC before this Court.

(3.) This court has issued notice to the respondent and they have filed the reply supporting the impugned order.