SUBHAM AGENCIES PVT LTD Vs. M P E B

JUDGEMENT

(1.) THIS is an application under Section 11 (6) of the Arbitration and Conciliation Act, 1996 (hereinafter to be referred to as the 'act') for appointment of Arbitrator by the Chief Justice or his designate.

(2.) IT is not in dispute that the applicant was awarded contract on 14. 10. 1993 for a period of three years for displaying of advertisement on 'kiosks to be affixed to electric poles belonging to the M. P. E. B. in the State of M. P. except Bhopal. That one A. K. Vigg filed writ petition challenging the grant of contract to the applicant by the MP. E. B. and in this W. P. 1242/94 it was ordered on 31. 10. 1996 that policy be laid down by the M. P. E. B, for Competitive Bids of contract to get maximum amount. That the applicant has filed the writ petition No. 48/98 for recovery of losses resulting in non-fulfilment of contract and it was decided on 12,02. 1998.

(3.) THE case of the applicant is that the M. P. E. B. has not refunded the amount which is of more than 25 lacs and not resolved the dispute in spite of the direction in the writ petition. That Clause 14 of the contract provides for an Arbitration. That the applicant by letter dated 14. 12. 1999 informed the M. P. E. B. for the appointment of Arbitrator as per Clause 14, but the M. P. E. B. has refused to appoint the Arbitrator and as such the Chief Justice or his designate to appoint the Arbitrator under Section 11 (6) of the Act.