VENU ENGINEERS Vs. GENERAL MANAGER

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) An agreement between the parties was executed on 23rd March, 2009, wherein it has been provided that entire scope of civil engineering work required for construction of COB 6, RSP, Rourkela shall be carried out by M/s Otto Projects alongwith their consortium partner M/s Venu Engineers as per responsibility matrix given in MOU dated 17th November, 2008. Both M/s Otto Projects and M/s Venu Engineer shall be jointly and severally responsible for completion of the work. In case, any one partner fails, the other party shall be responsible to complete the work of defaulting partner.

(3.) A dispute arose between the parties and in view of the Arbitration Clause, which is Clause no. 36.0, the petitioner served a notice upon the respondent, copy of which has been placed on record as Annexure-2. Inspite of the notice, Arbitrator having not been appointed, this application has been submitted.