VAYAM TECHNOLOGIES LTD Vs. STATE OF M P

JUDGEMENT

(1.) This application is filed under Section 11(5) & (6) of Arbitration & Conciliation Act, 1996 (hereinafter referred to as 'the Act'). The applicant has prayed that an appropriate order may be passed for appointment of an Arbitrator preferably a retired Judge of High Court for resolution of dispute between the parties. In addition, it is prayed that a technical person may also be appointed to assist the Arbitrator so appointed by this Court. An alternative prayer is made that Arbitrator may be given liberty to appoint a technical person of his choice to assist him.

(2.) Briefly stated, the facts are that the respondents issued a tender notice for the work related to supply of Integrated Data Management System (IDMS) on 17.1.2011. The applicant's bid was accepted and agreement was entered into through Director General of Police on 9.11.2011. As per Clause 21 of the agreement, in the event of any dispute, it shall be referred to the arbitration by Director General of Police, Madhya Pradesh.

(3.) Shri Sanjay Agrawal contends that the respondents while acting through the DGP, terminated the contract and forfeited the earnest money and blacklisted the applicant on 24.4.2013. The applicant feeling aggrieved by the said action invoked the dispute resolution clause of the agreement and; accordingly, Shri Nandan Dubey, the then DGP, is appointed as an Arbitrator. On 7.5.2013, the applicant and respondents filed their respective statements of claim. On 26.5.2013, the applicant and respondents filed their replies and counter claims.