- (1.) This application under Section 11 of the Arbitration and Conciliation Act, 1996 has been filed by the applicant M/s. Kishan Sahay Meena against the respondent praying for appointment an independent arbitrator for resolution of disputes between the parties.
(2.) Learned counsel for the applicant argued that an agreement dated 18.12.2007 was entered into between the applicant and non-applicant, Rajasthan Health System Development Project through its Project Director for execution of work, "Repair, renovation, addition and alteration works of C.H.C., Bansur". As per Clasue 25 of the agreement, disputes between the parties had to be resolved through arbitration. As per Clause 57 of the agreement final payment was to be made within 56 days of submission of the bill and time allowed to complete the work was one year from 02.01.2008. Thus, stipulated date of completion of work was 01.01.2009. However, the applicant completed work till 31.05.2009.
(3.) Certificate to this effect was issued by the Executive Engineer of the non-applicant on 01.06.2009 as per requirement of Clause 55 of the agreement.;