JCL INFRA PVT. LTD Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mr. F. Hassan, learned counsel for the petitioner. Also heard Mr. H. Gupta, learned CGC for the respondents.

(2.) This is an application under Sec. 11 (6) of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as 'the Arbitration Act'), for appointment of an Arbitrator in terms of the Arbitration Clause provided in the Contract Agreement dtd. 20/7/2010.

(3.) The petitioner's counsel submits that as per Clause 15.0 of the contract agreement executed between the parties, arbitration and settlement of disputes is to be governed in terms of Clause 63 and 64 of the General Conditions of Contract. He submits that the petitioner had completed the contract work in all respects in the month of June, 2017. However, the security deposit and PVC bill has not been released by the respondents despite submitting letters of release for the same by the petitioner. The petitioner's counsel submits that the petitioner had submitted a letter dtd. 11/5/2021 for release of the security deposit and PVC bill and as the same has not been acted upon by the respondents, the petitioner submitted letter dt. 28/1/2023 to the respondents invoking the Arbitration Clause provided in the contract agreement, for appointment of an Arbitrator to decide the dispute between the parties.