LAWS(MPH)-2005-10-29

VIDHYAWATI CONSTRUCTION CO Vs. UNION OF INDIA

Decided On October 17, 2005
VIDHYAWATI CONSTRUCTION CO. Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) THE applicant has filed this application under Section 11 (6) of the Arbitration and Conciliation Act, 1996 (for short 'the Act') seeking appointment of the arbitrator.

(2.) AS per the applicant, pursuant to the invitation of tenders for the work of repair to service building and staff quarters at Upper Line Loco Area and Bajarang Colony under Zone No. III at Jabalpur and road side station Bheraghat, Adhartal, Deori and Ghosalpur and duty bunk in level crossing, the applicant had submitted his tender. The applicant's said tender was accepted by the first respondent on 06. 10. 1997, and it was awarded the construction work as per the contract agreement dated 21. 05. 1999. The said work was completed by the applicant within the extended date for completion of work.

(3.) THE applicant contends that part of the amount of bills of the work done has been paid to it, but the respondents did not pay the entire amount and, therefore, the claim was put forward by it before the respondents. The applicant alleges that in spite of several letters and reminders the respondents neither paid the balance amount as claimed nor released the security deposit. In the circumstances, the applicant sent a letter dated 30. 07. 2002 seeking appointment of arbitrator as per the Arbitration Clause No. 64 in the agreement dated 21. 05. 1999, but the said request was also not acceded to by the respondents.