AHLUWALIA CONTRACTS (INDIA) LTD. Vs. HPSEB LIMITED

JUDGEMENT

(1.) IN this petition under Section 11(6) of the Arbitration and Conciliation Act, a prayer has been made for appointment of Arbitrator in terms of clause 4.41.1 of the contract agreement, Annexure P -4. The complaint is that the Chairman of the respondent -Company has not appointed the Arbitrator irrespective of the demand in this regard raised vide notice dated 4th August, 2014 (Annexure P -25) served upon the respondent -Company by the petitioner contractor.

(2.) IN response to the petition on behalf of the respondent -Company, a question of maintainability on the ground that the arbitrator stands appointed well within the period of thirty days from the date of issuance of the notice vide order Annexure R -1 by the competent authority, has been raised. The petition therefore, has been sought to be dismissed on this score alone.

(3.) MR . J.S. Bhogal, Senior Advocate, assisted by Mr. Satish Sharma, Advocate while reiterating the stand of the respondent -Company in reply to the petition has urged that the appointment has been made by the competent authority i.e. the Chairman strictly in accordance with the terms of contract agreement. Mr. Bhogal has fairly submitted that during the course of the proceedings by the Arbitrator, the claims as referred to in the notice Annexure P -25 certainly will be looked into by the arbitrator. Also that the recital in the order of appointment that "for non completion of the Turnkey Project by M/s. Ahluwalia Contracts (India) Ltd." should not be misconstrued to infer that the claims of the petitioner -contractor will not be entertained or looked into. It has further been canvassed that the respondent -Company has appointed the arbitrator and any grouse in this behalf of the petitioner -contractor can be taken care of under the provisions in the Arbitration and Conciliation Act by the Arbitrator so appointed.