K. PRO INFRA WORKS PVT. LTD. Vs. LOKTAK DEVELOPMENT AUTHORITY
HIGH COURT OF MANIPUR
K. Pro Infra Works Pvt. Ltd.
Loktak Development Authority
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(1.) This petition has been filed by the petitioner under Section 11 of the Arbitration and Conciliation Act, 1996 (in short "the said Act "), with the following prayers:
"(i)AII disputes as raised by the petitioner be referred to arbitration.
(ii) Confirm the appointment of one eligible/qualified personality including consideration of the personality suggested by the petitioner at Para 10 as independent arbitrator to adjudicate on the dispute that has arisen between the parties.
(iii) Costs incidental to this application be included as costs to the arbitration proceedings. "
(2.) The petitioner M/s.Pro Infra Works Private Limited is engaged in the business of civil construction and execution of the contract work of National/State importance. On 02.11.2009, the petitioner Company and the first respondent herein had entered into an agreement for execution of Phumdi Management Work. However, the first respondent terminated the agreement on 31.3.2013 and had issued notice on 03.5.2013 under Clause 3 of the agreement for taking up final action for forfeiture of security deposit of the petitioner Company. According to the petitioner, the final biII/payment under the contract has not been paid or settled by the first respondent in terms of the work agreement.
(3.) Earlier the petitioner has filed a writ petition in W.P.(C) No.364 of 2013 before this Court seeking to set aside the notice dated 3.5.2013. The said writ petition came to be dismissed by this Court on 7.3.2014 holding that the disputed question of facts could be adjudicated upon by the Arbitrator as provided by the work agreement. Aggrieved by the same, the petitioner has preferred S.L.P.(C) No.10793 of 2014 before the Hon 'ble Supreme Court and by an order dated 28.4.2014, the said S.L.P. came to be dismissed. Thereafter, the petitioner Company sent a demand notice/application on 12.5.2014 setting out 14 claims and notified that in case the dues are not settled within fifteen days from the receipt of the notice, the matter may be treated as a dispute and will be referred to arbitration in terms of Clause 22 of the agreement.;
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