SWASTI TRADERS Vs. IVRCL INFRASTRUCTURES AND PROJECTS LTD

JUDGEMENT

(1.) THIS petition is filed by the petitioner seeking for appointment of an Arbitrator under section 11(6) of the Arbitration & Conciliation Act, 1996.

(2.) THE relevant facts are stated for the purpose of deciding the rival legal contentions urged in this case with a view to find out as to whether the petitioner is entitled for appointment of an Arbitrator.

(3.) THE undisputed fact is that the petitioner is a proprietorship firm carrying on business within the territorial jurisdiction of this Court. Indian Oil Corporation, a giant public sector company, entrusted the work of construction of quarters, executive hostel and guest house at their refinery project near Paradeep to the O.Ps. The opposite parties in turn, entrusted a part of the said work to the petitioner through Letter of Intent dated 12.1.2007 (Annexure -1). After completion of the work final bill for Rs. 66,06,822/ - against which running payment for Rs. 37,26,261/ - was made and balance amount of Rs. 28,80,561/ - remained outstanding due to be paid by the respondents, was submitted.