- (1.) The instant application has been filed by the applicant seeking appointment of arbitrator/arbitral tribunal under Section 11 of the Arbitration & Conciliation Act, 1996 (hereinafter referred to as 'the said Act'), on the ground that the respondents had failed to refer the disputes to the Empowered Stading Committee as per Clause 23 of the agreement in question.
(2.) In the instant case it appears that the petitioner was awarded the work of Package-1B, relocation of 17 slums under JDA jurisdiction, on Relocation site at Jaisinghpuravas, Ajmer Road as per the Agreement No. LOI No. F8()/JDA/EE PDC-3/2011/D-13 dated 19.1.2011. On certain disputes having arisen between the parties, the applicant had filed an application dated 15.5.13 before the Executive Engineer(PDC III) JDA in the prescribed proforma alongwith the cheque of Rs. 1 lac requesting him to forward details of the disputes to the Empowered Standing Committee in view of Clause 23 of the agreement in question. The said notice was replied by the respondents vide letter dated 4.6.13 informing the applicant that he had to submit the demand draft in the name of Secretary, JDA for settlement of disputes through the Empowered Standing Committee. The non-applicant thereafter did not refer the said dispute and hence the present application has been filed by the applicant for the appointment of independent arbitrator under Section 11 of the said Act. The application has been resisted by the respondents by filing the reply contending interalia that the applicant had to make payment in the form of demand draft in favour of Secretary, JDA and that having not been done so, the applicant was not entitled to the appointment of the arbitrator under Section 11 of the said Act.
(3.) It has been submitted by the learned counsel Mr. Devidutt Sharma for the applicant that though the applicant had called upon the respondents to refer the dispute to the Empowered Standing Committee in view of Clause 23 of the agreement in question, the respondents had failed to do so. He further submitted that to show his bonafides, the applicant had also submitted the cheque of Rs. 1 lac alongwith his application in the prescribed form as contemplated under Clause 23 of the said agreement and hence had complied with all the formalities, however, the respondents did not refer the same to the Empowered Standing Committee, as there was no Standing Committee existing at the relevant time.;