NHPC LIMITED ERSTWHILE Vs. HINDUSTAN CONSTRUCTION CO LTD

JUDGEMENT

(1.) IN this petition under Section 11(6) of the Arbitration and Conciliation Act, 1996 (for short 'the said Act'), the petitioner seeks a declaration of one A.P.Mishra, as its nominee Arbitrator, to adjudicate the disputes between the parties and for quashing the appointment of one D.P.Bajaj -respondent No.2 appointed as an arbitrator on behalf of the petitioner by the President of the Institute of Engineers (India) -respondent No.2.

(2.) THE petitioner and respondent No.1 entered into an agreement dated 30.10.2006 for various construction works including construction of dams, diversion channels and surface power house. Clause 67 of the agreement in so far as it is relevant reads as under: -

(3.) DISPUTES and differences arose between the parties. Respondent No.1 by a letter dated 07.06.2013 set out some of the disputes and contended inter -alia that its claims had neither been paid nor deliberated upon. Respondent No.1, therefore, requested the petitioner to resolve the matter amicably as per the above clause and stated that in the event of the disputes not being resolved amicably within four weeks from the receipt of the letter by the petitioner, it would proceed for settlement of the disputes in accordance with the above clause. Respondent No.1 confirmed its readiness and availability for the resolution of the matter amicably at the earliest.