- (1.) Heard Sri Anuj Kudesia, learned counsel for the petitioner as well as Sri Raghvendra Kumar Singh, learned Senior Advocate assisted by Sri Dhruv Mathur, appearing for the respondent and perused the record.
(2.) The present writ petition has been filed by the petitioner challenging the order dated 23.2.2006, passed by the learned Arbitral Tribunal in the matter of arbitration between the Jamuna Construction Company, Lucknow v. U.P. Samaj Kalyan Nirman Nigam Ltd, Lucknow.
(3.) The facts giving rise to the present writ petition in short are as under: The Sports Authority of India, New Delhi awarded the work of construction of its Sub-Centre, Sports Authority of India, Kanpur Road, Lucknow to the petitioner of this writ petition and for execution of the said work, the petitioner had entered into an agreement on 26.6.2002, on back to back basis with the respondent-company, which is said to be in the partnership. The work was required to be completed within the stipulated period of time and in case of default the agreement was terminable in accordance with Clauses 18 and 14 of the said agreement. The opposite party failed to complete the work. Ultimately vide letter dated 1.2.2003, the opposite party was directed to handover the work of synthetic hockey field and horticulture and landscaping to the authorized committee. The said agreement contained an arbitration clause to the effect that in case of any dispute or differences in between the parties, the same shall be referred to the Arbitral Tribunal consisting of three Arbitrators, one each to be appointed by the employer and the contractor, the third arbitrator shall be chosen by the two arbitrators so appointed by the parties and shall act as a Presiding Arbitrator.;