KAPIL BANSAL Vs. STATE OF H P

JUDGEMENT

(1.) HEARD and gone through the record.

(2.) SOME work was awarded to the petitioner, by the respondents, vide agreement No. 153 of 1997/1998. Work was completed/partially completed in the year 2003. In the meanwhile, respondents passed an order, holding that petitioner was liable to pay a sum of Rs.43 lacs, by way of compensation. That order was challenged by filing a suit in this Court in the year 2002. That suit was registered as Civil Suit No. 38 of 2002 in the relevant register. Suit was decreed in favour of the petitioner on 31st July, 2009. Petitioner had certain claims against the respondents arising out of agreement which the respondents did not pay, on account of passing of the aforesaid order of payment of compensation. After Wher repor ters of the local paper smbe allow to see the judgm ? hetayedent this Court passed decree dated 31st July, 2009, petitioner approached the respondents to appoint an arbitrator for settlement of his claims in terms of arbitration clause in the aforesaid agreement. When no arbitrator was appointed, petitioner filed the present petition, under Section 11(6) of the Arbitration and Conciliation Act.