Suneet Kumar, J. - (1.) Applicant a public limited company duly incorporated under the Companies Act, 1956, engaged in the business of civil construction. The opposite party no. 1 is a subsidiary company of Coal India Limited having its registered office at Singhraully, Madhya Pradesh. Opposite party no. 2 is a Government of India Enterprise having its registered office at Sitapur Road, Lucknow. Opposite party no. 2 is consultant of the project and an agent of opposite party no. 1. Applicant seeks appointment of an arbitrator under Section 11 of the Arbitration and Conciliation Act, 1996 (for short, "Act, 1996"), for various disputes having arisen between the parties which remains unresolved.
(2.) The facts briefly stated is that opposite party no. 1 invited tenders on 30 November 2012 for Earthwork Information, construction of Bridges, P-way works building, S&T Electric and other miscellaneous work in the modification of Dudhichua Yard, at District Sonebhadra (Uttar Pradesh). The total contract price was at Rs. 23,86,35,043/-. Applicant was granted 10 months for execution of the contract from receipt of the communication from the opposite party or from the date of handing over site which ever was later.
(3.) The site was handed over to the applicant on 16 July 2013, applicant had to face difficulty in execution of the work due to excessive water logging in the contract area, rocky stratum at the ground level which involved huge man power and machinery, delay in finalization of rate for extra work done etc. Consequently, applicant communicated to the opposite party of the difficulties faced in execution of the work vide several communications which has been brought on record.;