RUNGTA PROJECTS LTD Vs. TENUGHAT VIDYUT NIGAM LTD

JUDGEMENT

(1.) In the instant petition under Section 11 (6) of the Arbitration and Conciliation Act, 1996 the petitioner has prayed for appointment of Arbitrator in relation to disputes and differences which have arisen between the petitioner and the respondents in connection with the contract for transportation of coal in various collieries.

(2.) The petitioner carried out the work of transportation of coal. It has executed the work of transportation of coal for the collieries of Tapin North and Tapin South, Patratu Thermal Power Station, Lalpania, Bokaro pursuant to the letter of intent issued on behalf of Tenughat Vidyut Nigam Limited, (In short TVNL), Patna. In course of time disputes and differences arose on account of non-settlement of various claims. The petitioner said to have made several representations to the various authorities of the respondents for settlement of claim and lastly by a notice dated 21/3/2003 requested for reference of the disputes and differences to Arbitration in terms of arbitration clause in the agreement. When the request of the petitioner was not responded, the instant petition has been filed.

(3.) The respondent-TVNL, Jharkhand besides denying the existence of disputes and differences, has stated in its counter affidavit that the instant application is not maintainable.