SAWAI ENGINEERS Vs. JAI NARAYAN VYAS UNIVERSITY

JUDGEMENT

(1.) This application under Section 11(6) of the Arbitration and Conciliation Act, 1996 ('the Act, 1996') has been filed by the applicant seeking appointment of sole independent arbitrator to adjudicate the disputes between the applicant and non-applicant - Jai Narayan Vyas University, Jodhpur.

(2.) It is inter alia claimed in the application that the applicant is a civil contractor; an agreement has been entered into between the applicant and non-applicant for construction of Guest House for Academic Staff College vide agreement No.12/08-09 dated 29/8/2009 (Ex.1).

(3.) It is submitted by learned counsel for the applicant that due to non-supply of exact drawings and designs, change in designs and non-payment of running bills due to shortage of funds and other administrative issues of the non-applicant University, the work awarded to the applicant could not be completed in time, which is apparent from the letter dated 2/1/2010 (Ex.4) of the University Engineer addressed to the In-charge Development Section of the non-applicant-University that the designs require changes and requirement of additional funds to complete the construction. Further due to non-payment of running bills for lack of funds and financial sanction, the non-applicants extended the period by six months for completing the contract and the said period of six months was regularized without compensation vide letter dated 18/9/2010 (Ex.5).