Hemant Gupta, J. - (1.) THE Petitioner has invoked the jurisdiction of this Court under Section 11 of the Arbitration and Conciliation Act, 1996 (for short 'the Act') for appointment of an Arbitrator in respect of the disputes arising out an Agreement dated 11.10.2000. Vide the aforesaid agreement, the Petitioner was to construct switch house building including services for 132 kv Sub Station at Ellenabad.
(2.) THE Petitioner completed the work on 01.10.2001 i.e. after the delay of 206 days from the stipulated period for completion of the project envisaged under the aforesaid agreement. Initially, the Petitioner sought appointment of an Arbitrator by filing an application before the learned District Judge, Hisar. The said application was withdrawn on 19.01.2006 in view of the judgment rendered by Hon'ble Supreme Court in State Bank of Patiala v. Patel Engineering Limited and Anr. 2005 (8) SCC 618. Thereafter, the Petitioner filed a petition for appointment of an Arbitrator before this Court. The petition was registered as Arbitration Case No. 110 of 2007. The said petition was also withdrawn on 18.10.2007, when the following order was passed: Counsel for the Petitioner wishes to withdrawn this petition and take appropriate steps in accordance with law. Dismissed as withdrawn with liberty as prayed for.
(3.) IN the present petition for appointment of an Arbitrator filed on 09.11.2010, the Petitioner inter -alia relied upon a notice dated 03.02.2004 seeking refund of the deducted amount of Rs. 1,12,500/ -. The Petitioner did mention regarding arbitration clause between the parties in the said communication. In response to the said notice vide communication dated 04.07.2008 (Annexure P -5), it was pointed out that the Petitioner has been granted time extension for 147 days vide communication dated 29.01.2004 and that the Petitioner has made representation after a lapse of 4 years and has not adhered to the time schedule mentioned in Clause 25 -A of the Agreement, which contemplates resolution of disputes by an Arbitrator. Learned Counsel for the Petitioner during the course of hearing submits that the payment of the final bill was made on 09.01.2002.;