Mohammad Rafiq, J. - (1.) This application under Section 11(6) of the Arbitration and Conciliation Act, 1996, has been filed by petitioner M/s Contec Airflow (I) Private Limited praying for appointment of Arbitral Tribunal as per Section 10 and 11 of the Arbitration and Conciliation Act, 1996 for resolving the dispute between the petitioner and the respondent M/s. Rajasthan Drugs and Pharmaceuticals Limited.
(2.) The petitioner is a Private Limited Company registered under the Companies Act, 1956. The respondent, issued a letter of intent dated 01.11.2016 in favour of petitioner for ventilation and air conditioning work at their site. The cost of the said work was estimated to be Rs.2,55,00,000/-. Pursuant to the said letter of intent, an agreement was entered into between the parties. The respondent pursuant to the said letter of intent had agreed to issue detailed purchase order for Schedule-A item and work order for Schedule-B item specified in the Bill of Quantity of the Tender Document No.T-003. The respondent thereafter issued purchase order no.998 dated 14.12.2006-23.12.2006 in favour of the petitioner thereby giving the details of the purchase order and also issued work order for the work/erection and commissioning work to be done for the said ventilation and air condition system. The petitioner deposited a sum of Rs.12,00,000/- (Rs.3,00,000/- +Rs.3,50,000/-+Rs.5,50,000/-) as earnest money for execution of the said project.
(3.) Mr. P.C. Dewanda, learned counsel for the petitioner argued that the petitioner supplied the goods as per the purchase orders of the respondent and also carried out the work as per the work order and accordingly issued invoices to the respondent. The respondent, on several occasions, called upon the petitioner to do some additional and alternations in the work done by the petitioner and the petitioner accordingly complied with all the requirements. The petitioner requested orally as well as in writing several times to the respondent for releasing the payment for the goods supplied as per the purchase order and for the work done as per the work order, but the respondent failed and neglected to make payment. The officers of the respondent time and again assured the petitioner that the payment shall be released but so far nothing has been done. In this regard, minutes of the meeting dated 18.12.2012 is placed on the record as to the quantum of the work done. A total sum of Rs.1,00,75,558/- (Rs.92,25,558/- +Rs.12,00,000/-) was due and payable by the respondent to the petitioner.;