JUDGEMENT
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(1.) Parties entered into an agreement on 31.08.2008. The
petitioner was to supply of material for Erection/Conversion, testing,
commissioning of 11 KV phase 3 wire lines & dismantlement of 4
th
wire along with its allied material from existing 3 phase 4 wire along
with its allied material from existing 3 phase 4 wire system and its
reuse to provide urban pattern supply to 291 number villages and to
connect 123 number Rural water works to the nearest
existing/proposed UPS feeder against package No.4 of operation
Circle, PSEB, Patiala in the state of Punjab on 100% Turn Key Basis.
vide aforesaid agreement.
(2.) The dispute arose between the parties in respect of the
aforesaid agreement which led the petitioner to serve a notice dated
25.3.2011 for appointment of sole arbitrator. It was on 7.4.2011 the
respondent served a notice to terminate the contract. Thereafter the
petitioner has filed the present petition for appointment of an
Arbitrator on 3.6.2011 as the respondent failed to appoint an
Arbitrator within 30 days of the receipt of notice.
(3.) In reply to the notice the respondent asserted that an
arbitrator has been appointed vide communication dated 28.9.2011,
whereby Er.Tejwant Singh, Engineer-in-Chief/Hydel, PSPCL, Patiala
was appointed as Arbitrator.;
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