Prakash Tatia, J. - (1.) Heard learned counsel for the parties.
(2.) The petitioner has approached this court under Section 11 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the Act of 1996) for appointment of the arbitrator as in-spite of the notice by the petitioner to the respondent dated 09.11.2004 (Annex. 13) the respondents failed to appoint the arbitrator in terms of the clause of the arbitration which is clause no. 64 of the general conditions of the contract.
(3.) According to the petitioner in response to the invitation for tender, the petitioner submitted his officer. The petitioner was invited for negotiation which was concluded on 29.01.2004 and according to the petitioner during negotiation, the petitioner was advised to reduce the rates offered in respect of item no. NS-3 and in compliance, the petitioner reduced the rates against item no. NS-3 by Rs.1 lack approximately and the respondents agreed to the rates given. However, in acceptance letter no.WA488/2/1-1 dated 10.02.2004 conveying the acceptance of the bid of the petitioner, the item no.NS-3 was totally deleted and that was not correct in view' of the negotiation between and that was not correct in view of the negotiation between the parties. The total work was of Rs.83,87,063.83/- and work was to be completed within 6 months. The petitioner objected to the deletion of the item no. NS-3 and submitted representations one after another. The petitioner's grievance was not redressed and the petitioner was served with 7 days notice, which is dated 02.03.2004 directing the petitioner to start the works in 48 hours and ultimately when work was not started, his contract was terminated and now the work has already been given to third party. The petitioner, therefore, raised dispute and served a notice upon the respondents on 09.11.2004. Then, the petitioner approached this Court for appointment of the arbitrator, however, the petitioner also submitted an application under Section 9 of the Act of 1996 before the District Judge, Ajmer and tried to obtain the stay against the recovery of Rs.27,65,630/- which was pending at the time of filing of the writ petition. However, in this petition, the relief is only for appointment of the arbitrator.;