SUBASH CHANDRA KANCHAN Vs. B S N L

JUDGEMENT

(1.) The petitioners have filed this petition under Section 11(6) of the Arbitration and Conciliation Act, 1996 (hereinafter called 'the Act' in short) seeking for appointment of an arbitrator or to constitute an arbitral Tribunal unconnected with and independent of the opposite parties to adjudicate the claims and resolve the dispute between the parties urging various facts and legal contentions.

(2.) Relevant facts are stated for the purpose of examining and considering the claim of the petitioners herein. The petitioners herein submitted tender quotation for the execution of the work, namely, "Construction of administrative building including water supply, sanitary installation and external services at Koraput (Orissa)" by offering tender of the value of Rs. 1,11,14,351.00 with a stipulation to commence the work immediately to complete the same within the period of 20 months as per letter No. 1124 dated 24.9.1998 of the Executive Engineer-opposite party No. 1. Even before execution of the agreement the petitioners started the work and vide letter dated 15.12.1998 requested the opposite party No. 1 to enter into an agreement and to include the detail items of work and also to give the detail working drawings which were not provided to the petitioners by opposite party No. 1, is the allegation made in the petition.

(3.) Subsequently, the first petitioner entered into an agreement for the aforesaid work vide Agreement No. 28/CDB/98-99 which agreement contains Clause 25 relating to arbitration. Relevant portion of the said clause reads thus :