KISHAN SAHAY MEENA Vs. UNION OF INDIA

JUDGEMENT

(1.) The applicant has filed this arbitration application under Sec. 11(6) of the Arbitration and Conciliation Act, 1996 seeking appointment of an arbitrator.

(2.) It is pleaded in the arbitration application that a contract was entered into between the applicant and the non-applicant for construction of office building and boundary wall for Income Tax Department at Dausa. The contract was awarded to the applicant vide letter of award dtd. 23/10/2013. It is also pleaded that the work in question was completed on 20/9/2015 and the same was handed-over to the non-applicant. The bills of the applicant have not been cleared. The applicant complied with the conditions of the agreement and when the non-applicant did not accede to the request of appointment of an arbitrator, the applicant was left with no other alternative, but to approach the Court for appointment of an arbitrator.

(3.) In reply to the said application, the non-applicant has stated that the claim was not filed within limitation as per the General Conditions of the Contract and thus, the applicant is not entitled to have an arbitrator appointed.