SANGEET LODHA, J. - (1.) This arbitration application under Section 11 (6) of the Arbitration and Conciliation Act, 1996 (for short "the Act") has been filed by the applicant for appointment of Arbitrator on account of the respondent failing to appoint Arbitrator in terms of the arbitration clause in the contract.
(2.) The respondent North Western Railway issued an NIT No. 118/2004-05 inviting tenders for repairing of GI Pipeline in Staff Quarter and Service Building at Deshnok, Palana, Nokha, Nagaur, Khajuwala and Merta City Station under ADEN/MTD. The applicant submitted the tender for award of work and deposited Rs. 12,000/- as earnest money on 31.8.04. According to the applicant, the tender submitted was valid upto 90 days from the date of opening of the tender and since the respondent did not issue any work order even after expiry of the period of 90 days, the applicant by way of registered letter requested for refund of earnest money vide letter dated 1.12.04. Since the respondent failed to refund the earnest money, the applicant vide communication dated 6.12.04, 17.1.05 and 2.2.05 requested the respondent to refund the earnest money alongwith interest @ 18%. However, vide communication dated 1.2.05, the applicant was informed that earnest money stands forfeited. In these circumstances, the applicant after service of notice upon the respondents, filed a civil suit before the court of Additional Civil Judge (J.D.) No. 2, Jodhpur Metropolitan City for recovery of Rs. 13,440/- alongwith the interest pendente lite. On the basis of the pleadings of the parties, the trial court framed the issues as under: JUDGEMENT_20_LAWS(RAJ)2_2017.jpg
(3.) After due consideration of the evidence on record, the trial court decided all the issues in favour of the defendant Railway and against the applicant and accordingly, the suit preferred by the applicant was dismissed vide judgment and decree dated 15.1.10. Aggrieved thereby, an appeal preferred by the applicant was dismissed by the court of Additional District Judge No. 3, Jodhpur Metropolitan City vide judgment and decree dated 18.7.14. A revision petition preferred by the applicant assailing the appellate judgment and decree stood dismissed by this court vide order dated 22.7.15. Thereafter, the applicant vide notice dated 14.9.15, while invoking clause 64 of General Conditions of Contract, 1999, requested the General Manager, North Western Railway to appoint the Sole Arbitrator for adjudication of the claim, which was not responded to by the respondents. Hence, this application.;