GHV (INDIA) PVT. LTD. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This application under Section 11 of the Arbitration and Conciliation Act 1996 (hereinafter to be referred as the Act of 1996) has been filed by the petitioner seeking appointment of an Arbitrator. The contract has been entered between the parties for construction, operation and maintenance of widening and strengthening of Banswara, Udaipur Road (SH-32) Km 72/0 to 165/0 (Salumber-Banswara section) with private sector participation on Build, Operate and Transfer (BOT basis) vide agreement dated 22.12.2011.

(2.) It is submitted by the learned Senior counsel for the petitioner that certain disputes have arisen out of the said contract in which the applicant/petitioner has complied with pre-arbitral procedure whereas learned Additional Advocate General Mr. Rajesh Maharshi appearing on behalf of the State submitted that the applicant/petitioner has not complied with pre-arbitral procedure stipulated in the contact.

(3.) Learned senior counsel appearing for the petitioner submitted that they have invoked arbitration under Clause 15.2 of the concession agreement vide notice dated 16.05.2020 and the respondents have failed to appoint the Arbitrator, therefore he has filed this present application for appointment of independent 'Arbitrator'. Learned Senior Counsel further submits that admittedly neither any response has been submitted to the notice 16.05.2020 nor any 'Arbitrator' has been appointed.