SHIV KUMAR SHARMA,J. - (1.) In all these applications the applicant seek to appoint independent Arbitral Tribunal under section 11 of the Arbitration and Conciliation Act, 1996.
(2.) The respondents raised preliminary objections about maintainability of applications in view of special condition of the Contract which provides as under: 'The provision of clauses 63 and 64 to the general conditions of contract will be applicable only for settlement of claim of dispute between the parties for values less than equal to 20% of the value of the contract, and when claims or disputes are of value more than 20% of the value of the contract. Provision of clause 63 and 64 and other relevant clauses of the general conditions of contract will not be applicable and arbitration will not be remedy for settlement of such disputes."
(3.) Coming to the averments made in the instant applications I notice that in Application No. 04/2004 it was stated that the applicant completed the work of Rs. 16,95,000/- out of which the applicant claimed a sum of Rs. 11,18,493/- alongwith the amount of security and loss of profit. In Application No. 07/2004 the applicant was awarded the work amounting to Rs. 16,95,000/-. The applicant claimed Rs. 10,12,050/- alongwith the amount of security and loss of profit. In Application No. 08/2004 the applicant completed the work of Rs. 16,95,000/- out of which the applicant claimed a sum of Rs. 10,12,050/- alongwith the amount of security and loss of profit.;