SURESH KUMAR KOTHARI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This application under section 11 of the Arbitration and Conciliation Act, 1996 ('the Act') has been filed by the applicant seeking appointment of an independent arbitrator for resolving the dispute between the parties.

(2.) It is, inter-alia, claimed in the application that the applicant was awarded contract for Manufacturing and Supplying of 35 lacs Pucca Bricks at Kiln R.D. 750 Ist (Labour and Carriage) by order dated 22.08.1988 and an agreement Annex.4 in this regard was executed between the parties. For resolving the dispute between the parties Clause 19(a) of the agreement contains arbitration agreement.

(3.) It is, inter-alia, claimed that the applicant concluded the requisite work in May, 1991 and thereafter started raising demand for his outstanding payment, when he was informed that a sum of Rs.1,10,576/- was outstanding in the applicant. Whereafter, reference has been made to certain communications in the year 2001, 2002, 2004, 2006 and ultimately, a notice dated 23.02.2018 calling upon the respondents to make payment, which was responded to raising counter claim of a sum of Rs.91,860/-, on which the applicant issued notice dated 30.06.2018 (Annex.12) seeking reference of dispute to the arbitrator in terms of Clause 19(a) of the agreement. It is claimed that the same has not been responded to and therefore, the present application for appointment of arbitrator has been filed.