- (1.) By means of the present application filed under Section 11(6) of the Arbitration & Conciliation Act, 1996 (hereinafter referred to as 'the Act'), the petitioner seeks appointment of an Arbitrator to adjudicate the purported disputes and differences which are stated in the petition.
(2.) The petitioner was awarded a contract for the construction of major bridges consisting of PSC girders on well foundation including protection work, road work, earth work filling and cuttings and embankment RCC boxes/slab bridges in approaches and other miscellaneous and allied works on Goindwal Sahib, Tarn-Taran new B. G. Rail Link under ADEN/JRC in Jalandhar District. An agreement dated 23.08.2010 was entered into between the parties in respect of the aforesaid work.
(3.) It is an admitted case that the work was not completed within the stipulated period. It is not necessary to note as to whether the contract prolonged because of the reasons attributable to the petitioner or it was due to the defaults committed by the respondents. The fact is that extensions were given from time to time by the respondents reserving right to levy liquidated damages as per the General Conditions of the Contract. Last extension was granted upto 25.07.2010 by which date the work was completed in all respects. The petitioner thereafter sent a notice dated 26.07.2011 stipulating certain claims therein and requested for appointment of an Arbitrator. However, by that time, the final bill was not prepared by the respondents. After receipt of the aforesaid notice, the preparation of final bill was undertaken and then bill was prepared on the basis of the measurements recorded in the Measurement Book (M. B. ).;