BINDRA ASSOCIATES Vs. CHIEF ENGINEER
LAWS(P&H)-2011-3-91
HIGH COURT OF PUNJAB AND HARYANA
Decided on March 17,2011

BINDRA ASSOCIATES Appellant
VERSUS
CHIEF ENGINEER Respondents

JUDGEMENT

HEMANT GUPTA, J. - (1.) THE petitioner has sought appointment of an Arbitrator under Section 11 of the Arbitration and Conciliation Act, 1996 (for short the Act) in respect of the disputes arising out of an Agreement bearing No.6/EE/ACD/2006-07 dated 20.07.2006. THE work was for provision of wire guage door, shutters & windows of residential quarters at Custom Colony, Ranjit Avenue, Ajnala Road, Amritsar.
(2.) AS per the aforesaid Agreement, the petitioner was to start work allotted on 20.07.2006. The stipulated date for completion of the work was 17.11.2006. It is pleaded case of the petitioner that the time for completion of the work was extended upto 11.10.2007. The petitioner completed the work, but incurred loss and damages. In view of the said fact, the petitioner sought appointment of an Arbitrator vide communication appended as Annexure P-1 to decide the claims of the petitioner. Thereafter, the respondents have appointed Shri Divakar Garg, Arbitrator, Arb. Case No.122 of 2009 Ministry of Urban Development, 3rd Floor, C-Wind, I.P.Bhawan, New Delhi as sole Arbitrator vide communication dated 21.04.2009 (Annexure R-1).
(3.) THE reply filed on behalf of the respondents further shows that since the petitioner has not put in appearance before the Arbitrator, the Arbitrator has terminated the proceedings vide order dated 23.12.2009 (Annexure R-5).;


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