BHARATI SAPRU,J. - (1.) THIS is an application under section 11 (6) of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the Act) by the applicant M/s. Shakti Constructions having its office at C-13, Sector Gamma-1, Greater Noida, District Gautam Budh Nagar for the appointment of an arbitrator in respect of a contract made by the applicant on 14.8.2007 awarded by the Greater Noida Industrial Development Authority (for short respondent authority) for the construction of roads. The agreement dated 14.8.2007 contains an arbitration clause i.e. clauses 32 and 33 of the said agreement. The applicant has raised a claim of approximately Rs.96 lakhs. Pleadings have been exchanged in this application. The respondent authority has raised objections in its counter affidavit saying that they have made full and final payment of the amount to the applicant under a "farkati" i.e. receipts for full and final payment and have also taken objections with regard to the breach of contract made by the applicant and have also made references to the sewerlines that were not properly laid across patch of the land.
(2.) THE respondent authority has also raised a plea with regard to the limitation saying that no dispute has been raised by the parties within 30 days of the full and final payments and the claim is barred by limitation. From the pleadings which have been exchanged, one thing which is abundantly clear that the disputes have arisen between the parties with regard to the breach of contract and also with regard to the laying of the sewerlines and it is also clear that there was a delay in the completion of the project.
(3.) THE applicant attributes the delay to the respondent authority because the authority did not make available necessary length of the pipelines to the applicant for carrying out work and also in between it has been alleged that the work was stopped on orders being made by the respondent authority. For all these reasons, the applicant states that he has suffered losses and now he raised a claim of Rs.96 lakhs approximately.;