MANDWAL ENTERPRISES Vs. EXECUTIVE ENGINEER

JUDGEMENT

(1.) THIS application has been filed under Section 11(6) of the Arbitration and Conciliation Act, 1996 (for short, "the Act") for appointment of an arbitrator for adjudicating upon the dispute between the parties.

(2.) THE applicant was allotted work which was to commence from 20.6.2005. However, before the work could commence, vide letter dated 22.7.2005 the same was revoked and earnest money was forfeited. The applicant vide its claim statement dated 5.7.2006 made request to the respondents to appoint an arbitrator but the arbitrator was not appointed. Thereafter, the present application was filed on 9.3.2007. Notice was issued on 9.7.2007.

(3.) LEARNED counsel for the applicant submits that appointment made, as stated in the reply, cannot be taken into account, as the relevant date is the date of intimation i.e. 6.8.2007 while the application had already been filed in this Court before the said date and notice had also been issued before the said date. In these circumstances, application was maintainable as held by Delhi High Court in M/s R.S. Avtar Singh and Co. v. India Tourism Development Corpn. Limited, AIR 2003 Delhi 249 distinguishing the judgment of the Honble Supreme Court in Datar Switchgears Ltd. v. Tata Finance Ltd., (2000) 8 SCC 151.