KRISHAN LAL Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) Petitioner has filed this petition under Section 11 of the Arbitration and Conciliation Act, 1996 (in short, the Act) for appointment of an independent Arbitrator to settle dispute between the parties.

(2.) As per admitted facts on record on 18.7.2005, the petitioner was granted contract for upgradation and maintenance of road from Uchana to Narnaund via Budain Jalab Kheri (km 0.00 to 10.12) in Jind district. The work was to be completed upto 5.4.2006. It is further provided in the contract agreement that the Contractor shall also undertake routine maintenance after completion of the work as per the provisions of DNIT upto five years from the above said date.

(3.) It is case of the petitioner that he had completed the work in time, as per terms and conditions of the contract agreement. On the expiry of five years period, as stated above, an application was moved for release of security amount and bank gaurantee. To show that the road was in a good condition, videography was done and CD prepared on 15.5.2011 was submitted to the authority concerned. Executive Engineer vide letter dated 30.12.2011 recommended that the amount so claimed by the petitioner be released in his favour. Thereafter correspondence continued but the amount claimed by the petitioner was not released.