- (1.) The petitioner has filed this application under Section 11 of the Arbitration and Conciliation Act, 1996 (in short 'the Act'), for appointment of an Arbitrator to adjudicate dispute between the parties.
(2.) As per facts placed on record an agreement, for improvement of Hodal Punhana Nagina Road, Uttawar Sikrawa to Bhadas Road, Bori Kothi Punhana Road in Mewat/Palwat Districts, was executed in favour of the main contractor i.e. M/s Neeraj Cement Structures Ltd., Mumbai (respondent) and Haryana State Roads and Bridges Development Corporation Limited (in short 'HSRDC'). As per terms & conditions of the contract, it was open to the main contractor to appoint a sub-contractor.
(3.) The respondent entered into an agreement with the petitioner on 2.7.2009 and out of the contract so entered into between the respondent and HSRDC, crushing work at the above mentioned sites was given to the petitioner at a specified rate. In the agreement, it is provided that in case of dispute, the same be settled through the process of arbitration. Clause 19 of the above agreement reads thus :- "If any dispute or difference or claim of any kind whatsoever shall arise between the parties in connection with this agreement or the said RIPL works, then firstly the Managing Director of both the parties shall settle the dispute/difference/ claim amicably after detailed discussions within 30 days of reference of the dispute. If the parties fail to arrive at any amicable settlement within next 30 days then all such disputes or differences shall be referred to arbitration consisting of three arbitrators. Each party shall nominate one arbitrator within 45 days and the two arbitrators so nominated shall appoint the third arbitrator within 30 days who shall be the presiding Arbitrator. The arbitration shall be conducted in accordance with the Arbitration and Conciliation Act, 1996, or any other statutory modification or enactment thereof. The decision of the Arbitral Tribunal shall be final and binding upon the parties. The place of arbitration shall be at Mumbai.";