Hemant Gupta, J. - (1.) THE Petitioner has sought appointment of an independent and impartial person as an Umpire in the present petition under Section 11 of the Arbitration and Conciliation Act, 1996.
(2.) IT is the case of the Petitioner that Respondent invited tenders for construction of 109 flats for its members on a plot at Sector 50C, Chandigarh. Petitioner was awarded a contract for the construction of such flats at the total cost of Rs. 5,76,14,906.90 paise. The time for completion of the work was 24 months to be reckoned from the date of issue of allotment letter. Thus, the stipulated date of completion of construction was 31.3.2005. Petitioner is said to have completed the works but disputes arose between the parties in respect of such works. Such disputes which are sought to be settled by way of an Arbitration in terms of the Agreement between the parties.
(3.) The relevant clauses 40.1 and 1(f) of the Agreement read as under: 40.1. ...In case of any dispute arising out of execution of this work, Items, Terms and conditions of the Contract, at first instance, it shall be decided by the Architects and Owner. In case of disagreement, the dispute shall b referred to arbitration. The panel of arbitrators shall comprise one person appointed by the Owner. One person appointed by the Contractor and third shall be the Architect. The provisions of Arbitration Act, 1940 and rules made there under shall apply to the arbitration proceedings. The decision of the Arbitrators shall be final and binding on both the parties. 1(f) ...The "Architect" mean M/s Design Axis, SCO 184, Sector 37 -C, Chandigarh or in the event of his/their ceasing to be the Architects for the purpose of this contract such other person/s as the Employer shall nominate for the purpose.;