ARCHON POWERINFRA INDIA PVT. LTD. Vs. CHABBRAS ASSOCIATES

JUDGEMENT

(1.) Mr. Lomesh Kiran N, learned counsel representing Mr. Emil Joseph, learned counsel for the applicant. Mr. P.U.Bhaskara Rao, learned counsel for the respondent.

(2.) This application under Sec. 11(6) of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as "the Act") has been filed to seek appointment of an arbitrator to adjudicate the claims and disputes between the parties as envisaged under Clause 32 of Memorandum of Understanding (hereinafter referred to as "MoU") dtd. 25/1/2019.

(3.) Facts leading to filing of this application briefly stated are that the applicant is a company incorporated on 18/9/2017 in Ahmedabad. The respondent is also a company situated in Hyderabad. The applicant and respondent entered into an MoU on 25/1/2019 whereunder the respondent agreed to render complete support to the applicant to participate in the tenders as mentioned in the MoU dtd. 25/1/2019. Sometime in the month of January, 2019, the respondent participated in Tender Ref: HCC/LPG-32/Pt-171/2018-19 (hereinafter referred to as 'the Tender") for a bid titled "Construction of Plant Buildings, Non-Plant Buildings, ground improvement and allied works at grass root LPG bottling facility at Motihari, Bihar" (hereinafter referred to as 'the Project") raised by the Indian Oil Corporation Limited (IOCL). The respondent was awarded the contract on 28/3/2019 and a letter of acceptance was issued to it.