JAGDISH RAI, CONTRACTOR Vs. THE EXECUTIVE ENGINEER AND ORS.
LAWS(P&H)-2011-4-192
HIGH COURT OF PUNJAB AND HARYANA
Decided on April 01,2011

Jagdish Rai, Contractor Appellant
VERSUS
The Executive Engineer And Ors. Respondents

JUDGEMENT

Hemant Gupta, J. - (1.) PRESENT is the petition for appointment of an Arbitrator under Section 11 of the Arbitration and Conciliation Act, 1996 (for short the 'Act').
(2.) PETITIONER has sought appointment of an Arbitrator in respect of the dispute arising out of a Contract awarded to the Petitioner for lining of water course 14616/TC Ladwa minor. The agreement was executed on 12.6.1996. It is the case of the Petitioner that the payment was made on 9.1.1999 i.e. after gross delay but without interest. It is the case of the Petitioner that the Petitioner is entitled to interest @ 24% in terms of tender documents. Present petition for appointment of an Arbitrator was filed on 29.10.2007. Learned Counsel for Respondents has pointed out that the payment of final bill was released on 20.11.1998 and that present petition is barred by limitation.
(3.) AS per the records, vide the communication 31.8.1994 (Annexure P -4), the claim of the interest @ 24% was denied.;


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