RITES LIMITED Vs. DEPARTMENT OF TOURISM

JUDGEMENT

(1.) The petitioner has approached this Court seeking appointment of an Arbitrator in terms of provisions of Sec. 11(6) of Arbitration and Conciliation Act, 1996 as amended by the Arbitration and Conciliation Act.

(2.) It is the case of the petitioner that the proposal dtd. 8/9/2015 (Annexure P-2) as regards providing consultancy services by the petitioner to respondent No.1 was accepted by respondent No.1 vide acceptance letter dtd. 31/12/2015 (Annexure P-3) and pursuant to which the petitioner had been providing consultancy services for execution of construction of 'hanging bridge' over 'Bharaivi River'. It is further the case of the petitioner that the agreement specifically provided for resolution of disputes by way of arbitration and that a dispute having arisen, the petitioner raised demand for payment of the dues but to no avail and subsequently issued notice dtd. 15/2/2022 (Annexure P-28) invoking arbitration followed by another notice dtd. 20/5/2022, but to no avail.

(3.) Notice of motion had been issued to the respondent, but the respondents have not chosen to appear despite service and consequently the respondents were proceeded against ex parte vide order dtd. 13/10/2023.