JAWAHAR JISHTU Vs. ENGINEER-IN-CHIEF

JUDGEMENT

(1.) This application is filed under Sec. 11 of the Arbitration and Conciliation Act, 1996 (for short, 'the Act') to adjudicate the disputes between the parties arising out of work awarded by the respondents on 22/7/2019 through agreement dt. 30/7/2019 to the applicant. The said agreement contains the arbitration clause in Clause 25.

(2.) The applicant had served a notice on the respondents on 18/8/2022 invoking the arbitration clause and thereafter the sole Arbitrator was appointed vide Annexure P-5, who was formerly retired Superintending Engineer, but thereafter he expressed his inability on 16/8/2023 through a letter addressed to the applicant. Therefore, this application has been moved.

(3.) The respondents disputed the claim of the applicant on merits, but did not dispute the fact that the Arbitrator appointed had refused to proceed with the arbitration as is alleged by the applicant.