VINAY AGRAWAL Vs. GENERAL MANAGER EAST COAST

JUDGEMENT

(1.) THIS application under Section 11 of the Arbitration and Conciliation Act,1996 (hereinafter referred to as the 'said Act') for appointment of an Arbitrator has been filed on 31.1.2007.

(2.) THE material facts of the case are: The Petitioner was awarded a contract by the Opposite Party bearing agreement No. 08/CAO/CPM/KJR/94 dated 12.12.1994 for execution of earth work in formation in Section between Km 41.00 and 58.00 in connection with construction of B.G. Line from Banspani and Daitari (Km -147) Section VI. The original value of the contract work was Rs. 1,79,87,150.00. The original value was revised and enhanced from time to time. The sixth enhancement amounting to Rs. 4,47,54,638/ - was made by the Opposite Party and the work was executed and completed in all respects by the Petitioner before 31.12.2002. But since the Petitioner instead of receiving the final payment in respect of the final bill has received lesser amount and the final bill has not yet been prepared by the Opposite Party, disputes and differences arose between them.

(3.) ADMITTEDLY , in the present case, there was a demand for appointment of Arbitrator by the Petitioner. First the demand was made by a notice dated 12.12.2006. In the said notice, in the penultimate paragraph the following recitals have been made. If you fail to appoint an arbitrator within 30 days from receipt of this notice, we will have no other option than to approach the Court for appointing an Arbitrator under the provisions of Arbitrator and Conciliation Act, 1996.