GIRDHARI LAL PARIHAR Vs. PAKAL - DUL HYDROELECTRIC PROJECT

JUDGEMENT

(1.) The present application has been filed under Sec. 11 (6) of the Arbitration and Conciliation Act, 1996(for shortthe 'Act of 1996') for appointment of an arbitrator to settle the dispute between the applicant and the respondent.

(2.) The case of the applicant, in brief, is that he was allotted the work of "Construction of Road Cutting Pathimahala to Ikhal Rd 6300 to 6645" vide allotment order dt. 17/2/2006 for an amount of Rs.5,32,788.00.

(3.) The applicant contends that he completed the work on 18/6/2009 which was duly recorded in the MB 52 and submitted his final bill to the respondent for payment but was paid only Rs.2,25,663.00 in parts and the balance amount had not been released. According to the applicant, an amount of Rs.3,07,125.00 along with interest is due, which has not been paid in spite of repeated requests to the respondent to that effect. The applicant contends that the applicant served a legal notice to the respondent on 1/8/2017 for payment of the said outstanding amount and informed the respondent to refer the dispute to the arbitrator in terms of Clause 55 of the General Conditions of Contract if the said claimed amount is disputed by the respondent. According to the applicant, since there has been no response from the respondent, the applicant approached this Court by filing this application under Sec. 11 (6) of theArbitration and Conciliation Act, 1996 for the appointment of an arbitrator.