KULHARI CONSTRUCTION COMPANY Vs. CHIEF ENGINEER PWD

JUDGEMENT

(1.) THIS arbitration application has been filed by the Applicant for appointment of the Arbitrator in respect of Job No.008/RJ/89-079 in respect of which an agreement was executed containing arbitration Clause 23. When the Non Applicant issued notice on 19.5.1999 u/s 6, Public Demand Recovery Act,1952 raising the demand of Rs.15,56,790/-, the Applicant filed S.B. Civil Writ Petition No.1023/2000 M/s.Kulhari Construction Company V. The State of Rajasthan and others before this Court which was disposed of on 10.3.2008 with liberty to the Applicant to move an appropriate application before the competent authority for reference and appointment of the Arbitrator under the provisions of the Arbitration and Conciliation Act, 1996 (in short 'the Act') within a period of one month and the interim stay order passed by this Court on 31.3.2000 in the said writ petition was ordered to remain in force only for a period of one month from that day. Subsequently, the Applicant is said to have given notice on 7.4.2008 demanding arbitration along with the requisite fee.

(2.) COUNSEL for the Non-applicants submits that the Applicant has failed to serve notice along with the prescribed fee for seeking appointment of Arbitrator as per arbitration Clause 23, therefore, his submission is that the arbitral procedure has not been followed and the Applicant is not entitled to appointment of the Arbitrator. At this stage, counsel for the Applicant submits that the Applicant is prepared to give another notice along with the prescribed fee.