EMM ENN ASSOCIATES Vs. COMMANDER WORKS ENGINEER ETC.

JUDGEMENT

(1.) THIS petition has been filed by the petitioner under Section 11 of the Arbitration and Conciliation Act, 1996 (for short 'the Act'), for appointment of sole arbitrator.

(2.) CLAUSE 70 of the agreement contains the arbitration clause which reads as under:

(3.) A few important facts may be noticed. It is an admitted case of the parties that work was completed on 23.09.2000 and the final bill was paid by the respondent to the petitioner on 10.04.2001. However, the petitioner has contended that final bill did not include the payment against several items which were still pending. Confronted with the arguments raised by counsel for the respondent that no claims were raised, by the petitioner, within the period of three years, either from the date of completion of work or from the date of payment of the final bill, which was 10.04.2001, the partner of the firm, who has argued the matter in person, relied upon Clause 67(f) and (g) of the agreement to contend that the currency of the contract stood extended beyond the period of two years from the date of payment of undisputed portion of the final bill.