- (1.) These are the applications for appointment of Sole Arbitrator for adjudicating the disputes that have arisen between the parties to these petitions.
(2.) It is common ground that the petitioner has entered into an agreement with the respondents on 19-02-1990 for doubling of track between Thangundi Chugunta Stations, earth work in formation, construction/ extention of major/minor bridges as also other miscellaneous works from Ch.39000 to Ch.43200 in M in Rcach-VIII. The value of the contract was Rs.46,22,600.00 and Rs.42,48,585.00 respectively. The contract was to be completed on 31 -10-1990. But it was extended from time to time upto 30-4-1993. The work was completed on 30-4-1993, The petitioner had written a letter on 11-6-1993 wherein he has lodged certain claims. A qualified no claim certificate was given at the time of submission of the final bill. The 'No Claim Certificate' was given under protest. That had been lodged through letter dated 11-6-1993. The payment of final bill was made on 30-4-1994. The security deposit was refunded on 2-12-1994. On 25-6-1996 the petitioner had submitted his claims and notice for arbitration was issued on 25-6-1996. These applications have been filed on 20-2-1998.
(3.) It is alleged in the applications for appointment of Arbitrator that due to the default of the respondents the work could not be completed in time, and therefore the petitioner has been put to heavy loss. As shown in the tabular form in Clause G of the written claim filed by the petitioner. The respondents did not appoint the Arbitrator in terms of the agreement and therefore, an Arbitrator should be appointed to adjudicate the disputes.;