VE LIFTS PRIVATE LIMITED Vs. MUNICIPAL CORP. JAMMU
LAWS(J&K)-2020-10-31
HIGH COURT OF JAMMU AND KASHMIR
Decided on October 09,2020

Ve Lifts Private Limited Appellant
VERSUS
Municipal Corp. Jammu Respondents




JUDGEMENT

Gita Mittal; CJ - (1.)The instant petition has been filed under Section 11(6) of the Jammu and Kashmir Arbitration and Conciliation Act 1997 for reference of disputes to an independent Arbitrator.
(2.)The petitioner has contended that pursuant to the e-NIT No. 402 BBT of 2017-18 tenders were invited for the Design, Manufacture, Supply, Installation, Testing and Commission of 1 No. Machine Room Type elevators, 10 passengers, 680 kgs approximately at Shahedi Chowk, Jammu. After evaluation, the petitioner's was accepted and contract was awarded to the petitioner by respondent no.2 vide communication No. MJ/JC/W/1648-51 dated 14th September 2017. A formal agreement dated 29th December 2017 was executed between the parties.
(3.)So far as dispute resolution is concerned, an Arbitration Agreement is contained in Clause 32 of the agreement which reads as follows:
"32. Arbitration: In case of any doubt, dispute or difference arising out of the contract at any time between the Contractor and the Corporation, the same shall be refer dot the Commissioner Jammu Municipal Corporation, Town Hall, Jammu who may give decision on such a dispute himself or request the Government to nominate any other officer of the Government for arbitration."

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