DAYA SHANKAR RAI Vs. CENTRAL COALFIELDS LIMITED

JUDGEMENT

(1.) IN the instant application under Section 11(6) of the Arbitration and Conciliation Act, 1996 the petitioner has prayed for appointment of an independent sole Arbitrator for deciding the disputes raised by the petitioner with regard to his claim made to the respondents.

(2.) PETITIONER was allotted a contract work by the respondents for the work of strengthening and widening of Roads from Khalari to Kalyanpur. Petitioner said to have completed the entire work. It is alleged that payment of Price -Escalation on labour, P.O.L. was agreed upon vide Clauses 15 and 16 of the General Terms and Conditions. Petitioner's case is that respondents made part payment and inspite of repeated request the total claim of the petitioner has not been released. Petitioner, thereafter, raised disputes and called upon the respondents to appoint arbitrator for the Adjudication of the disputes.

(3.) I have heard Mr. Rajiv Ranjan, learned counsel for the petitioner and Mr. A.K. Srivastava, learned counsel for the respondents.