B V SHARMA Vs. HOUSING BOARD, J&K

JUDGEMENT

(1.) THROUGH this petition U/S 8, read with sec. 11 of the Arbitration and Conciliation Act, 1997, (Act hereafter), the petitioner is seeking appointment of an arbitrator for adjudicating upon the disputes alleged to have arisen between the parties. The case projected by the petitioner in this petition is that the petitioner is an Architect by profession and works under the name and style of B.V. Sharma & Associates. Respondent No.2, Sh. K. K. Mattoo, Managing Director of J&K Housing Board solicited the services and expertise of the petitioner as a consultant for preparing the concept plan and detailed drawings of the re -development scheme of the existing Government quarter A, B, and C type buildings located in Gandhi Nagar Jammu by his letter No. HB/PO/1753 -54 dated 25.6.1994. The petitioner accepted the engagement and prepared the conceptual drawings of layout of perspective view plans of duplex type A, B and C and single rooms flats and on his part vide his letter dated 5.7.1994 spelt out the professional fee rate for his consultancy service to the said project. In the said letter he also mentioned that in case of any dispute or difference arising between the parties same shall be referred for arbitration to the Council of Architecture for final decision. Respondent No.2 on its part vide letter dated 9.7.1994 addressed to the petitioner accepted to be governed by the terms and conditions as contained in the memorandum of understanding furnished by the, petitioner, governing his professional engagement for a project of the J.D.A. The petitioner submitted complete drawings of the conceptual designs alongwith his fee -bills for an amount of Rs.1,2,97,940 after deducting the paid first payment of Rs.70000 payment was not made Parties exchanged correspondence in this behalf, however, it appears that alteration was decided to be made in the originally conceived re -development scheme of the Government quarters located at A,B and C type buildings. The petition was required to submit fresh conceptual drawings of individual blocks and layout plan for construction of 220 numbers of four storied flats over 44 kanals of land after demolition of existing C type Govt. quarters in Gandhi Nagar which was also submitted accordingly by the petitioner to the respondents. The petitioner submitted bill of Rs.9.00 lacs as consultancy fee up to the conceptual drawing stage. Instead of making payment, the respondent No. 2 started contemplating appointment of another Architect in place of the petitioner.

(2.) THE respondents were issued notices. Objections have been filed. In the objections application has been opposed mainly on two grounds; firstly that there is no arbitration agreement existing between the parties, therefore, no arbitrator can be appointed and secondly that there was no concluded contract between the parties, therefore, the respondents are not liable to make any payment to the petitioner.

(3.) I have heard the learned counsel for the parties and gone through the record thoroughly.