JAIN TRADERS Vs. THE CHAIRMAN, URBAN IMPROVEMENT TRUST

JUDGEMENT

(1.) INSTANT application has been filed u/S. 11 of the Arbitration And Conciliation Act, 1996 (Act, 1996) for appointment of Arbitrator.

(2.) THE applicant was allotted work of construction and development of WBM (Water Bond Machadum) road in UIT Areas of Bhiwadi under annual contract amounting to Rs. 1.15 Crore approximately. It is not in dispute that the parties entered into agreement and that contains Clause -23 regarding arbitration to resolve Arbitral Dispute, if arises from terms and conditions of the agreement executed could be referred to the Empowered Standing Committee. Clause -23 relevant reads ad infra -

(3.) AFTER notices of the present application came to be served, reply was filed by the respondent and there objection is that along with the notice sent by the applicant cheque was sent in the name of the Executive Engineer, Urban Improvement Trust, Bhiwadi, Alwar, however, it was required to be sent in the name of Secretary, Urban improvement Trust, Bhiwadi, Alwar and despite information being sent from their office for making necessary compliance, the applicant failed to comply and accordingly was not entitled to invoke jurisdiction of this Court for appointment of sole arbitrator u/S. 11(6) of the Act.