TILAK RAJ Vs. CHIEF ENGINEER

JUDGEMENT

(1.) Present petition has been filed under Sec. 11 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as 'the Act') for appointment of a new independent Arbitrator to adjudicate upon the claim of the petitioner against the respondents arising out of agreement No. 198 of 2006-2007 entered upon between the parties to execute the work with respect to construction of link road from Manali Leh to village Marbal Km.0/0 to 6/700 package No. HP-07-02.

(2.) In the reply, respondents have controverted the plea of the petitioner, rather, have levelled counter allegations upon the petitioner regarding executing the work without adhering to the terms and conditions of the agreement entered into between the parties.

(3.) It is undisputed that there is clause 25 in the agreement for referring the dispute arising out of the agreement for arbitration.