BHOORATHNAM AND COMPANY Vs. STATE OF RAJATHAN

JUDGEMENT

(1.) THIS is an application filed u/s 11(5) and 11(6) of the Arbitration and Conciliation Act, 1996 (for short 'the Act of 1996') for appointment of the Arbitrator.

(2.) BRIEF facts of this case are that an Agreement No.1/95-96 dated 13.10.1995 was executed between the parties for laying, jointing, etc. 1100 mm dia PSCC pipeline between treatment Plant Dharnasar to Sardarshahar under Package PL-01 NIT No.08/94-95 Work Order No.CE/PMC/TECH/F.(32)95-96/1516-29 dated 06.09.1995. A dispute arose between the parties with regard to the deduction of a total amount of Rs.54,69,959/- by the Executive Engineer from IInd price variation bil vide voucher / dated No.14/11.7.2003 Rs.35,89,383/- and from security deposit voucher / date 7/09.02.2004 Rs.18,80.576/-, totalling to Rs.54.69,959/-, on the basis of Audit Report.

(3.) I have gone through record of the arbitration application and further considered the aforesaid submissions of counsel for the parties and the relevant paras of the aforesaid judgments of the Supreme Court.