BUILDS WORTH PRIVATE LTD Vs. UNION OF INDIA

JUDGEMENT

(1.) HEARD Mr. P.K. Roy Choudhury, learned counsel for the petitioner and Mrs. P. Barman, learned counsel appearing for the respondent Nos. 2 and 3.

(2.) IN these petitions, the petitioner company M/s. Builds Worth Private Ltd. has entered in to different contracts, on different dates with M/s. Bharat Heavy Plates and Vessels Ltd., Vishakhapattanam for supply of goods and in some matters for execution of works of M/s. Bharat Heavy Plates and Vessels Ltd. It is the case of the petitioner that although goods were supplied as well as contract for execution of works have been completed, the petitioner has not been paid the amount which was due to them. In the contract agreement, there was an arbitration Clause provided in Article 10. In ail the aforesaid petitions, the petitioner has served notices on the respondent Company for appointment of Arbitrator on 6.4.2002, 9.5.2002, 6.4.2002 and 9.5.2002 respectively.

(3.) DURING the pendency of the proceedings the Managing Director of the respondent Company i.e. the Respondent No. 2 has nominated Shri A. Sanjeeva Rao, District and Sessions Judge (Retd.), a resident of Vijaywada, Andhra Pradesh as arbitrator to adjudicate upon the disputes raised by the petitioner under different contract for which appointment of the Arbitrator was asked for by filing these petitions in this Court.