ARIEN NEW DELHI PVT. LTD. Vs. NTPC LIMITED

JUDGEMENT

(1.) PETITIONER was awarded some work by the Respondent, in connection with Koldam Hydro Power Project. Work was awarded, vide letter Annexure C -2. The work awarding letter Annexure C -2 was cancelled before start of the work. After the award of work and before the recall of the work awarding letter, Petitioner had carried some machinery to the spot and had also taken some other steps to execute the work. He claims compensation from the Respondent for the same. There are some other claims also, which the Petitioner submitted to the Respondent. Respondent did not pay anything to the Petitioner, who then addressed a letter to General Manager, NTPC. There was no response from that General Manager. Petitioner then applied to this Court for appointment of Arbitrator. That application was permitted to be withdrawn, with liberty to file fresh petition, because the notice was defective. Thereafter, notice dated 14.9.2010 was served upon the General Manager, who is the named Arbitrator, as per Clause 56 of General Conditions of Award letter. Said General Manager did not respond and, therefore, Petitioner filed the present petition on 1.11.2010.

(2.) REPLY has been filed, in which it is stated that Arbitrator has already been appointed by the Chairman and Managing Director of NTPC, in accordance with General Condition 56.1 and the decision conveyed to the Petitioner, vide letter dated 1.11.2010, copy Annexure C -14.

(3.) THERE is no time limit for appointment of an Arbitrator by the authority, named for appointment of an Arbitrator in the agreement, in which, in addition to naming such authority for appointment of Arbitrator, Arbitrator is also named. As a matter of fact, it is after the named Arbitrator expresses his unwillingness or inability to act or he does not respond to the call for acting as such for quite some time, that the person named as authority for nominating an Arbitrator, in his place, is required to be approached.