R.S. BANSAL Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS arbitration application under Section 11 of the Arbitration and Conciliation Act, 1996 (for short "the Act") is for appointment of the arbitrator.

(2.) IN brief, the case of the applicant is that the applicant who is a building contractor, was awarded contract for construction of GO's Mess at CISF, Barwaha vide agreement No. 91/EE/I.C.D. -II/2003 -2004 for a period of 14 months commencing from 29.3.2004 revised date 14.10.2004 to 13.12.2005, whereas on account of some problems by the respondents, the work was delayed and the same was completed by the applicant on 17.7.2007. The delay was attributable to the respondents and since the respondents had withheld a sum of Rs.9,16,849/ -, the applicant had given the notice dated 1.9.2010 to the Chief Engineer to release the amount and stating that otherwise, the applicant will be constrained to approach the competent authority for appointment of an arbitrator for adjudication of his claim. The applicant thereafter had sent the notice dated 15.11.2010 to the Chief Engineer to appoint the sole arbitrator under Clause 25 of the General Conditions of Contract for CPWD works and since the sole arbitrator was not appointed, therefore, the present application has been filed.

(3.) I have heard the learned counsel for the parties and perused the record.