M.Y.EQBAL,J. - (1.) THIS application has been filed under Section 11 of the Arbitration and Conciliation Act making a prayer for appointment of independent arbitrator for reference of dispute for adjudication.
(2.) THE petitioner's case is that he was awarded a contract by the Zila Parishad, Singhbhum West being agreement No. F2 -15 of 1985 -86 for construction of canteen, press and shops at Zila Parishad Campus. As per the agreement the date of the commencement of the work was 19.8.1985 and the date of completion was 19.8.1986. The petitioner said to have completed the work by 15.4.1987 and handed over the same to the respondents. It is stated that in course of execution of work payments were made to the petitioner through accounts bill from time to time after the work done by the petitioner was measured by Engineer Incharge and Measurements were entered in M.B. No. 452 and 526. It is stated that till completion of the work under the agreement, the petitioner was paid a sum of Rs. 14,14,254.50 but after the final measurement of the work done by the petitioner, further dues have not been paid. The petitioner, thereafter, had been requesting the Zila Parishad and all concerned of the Department for finalisation of the work by making payment of his legitimate dues but nothing was done. instead a sum of Rs. 70,189/ - was deducted by the respondents towards security deposit. The petitioner's case is that on account of non -payment of the dues a dispute has arisen and the same is still subsisting as the contract has neither been terminated nor there has been final settlement of the account. The petitioner accordingly gave notice through his lawyer on 18.1.1999 invoking the arbitration clause and thereafter the instant application has been filed. A counter affidavit has been filed by the respondents stating, inter alia, that the claim is hopelessly barred by limitation inasmuch as the work was executed in 1989 and this application has been filed in 1999. It is stated that after completion of the work, the bill was finally prepared and payment had been made in 1992. The respondents' further case is that the final measurement was recorded on 18.12.1992 in the measurement book which was acknowledged as correct by the petitioner, by putting his signature. Accordingly, as per measurement, payments have been made.
(3.) I have heard Mr. R.S. Mazumdar, learned counsel for the petitioner and Mrs. Ritu Kumar, learned counsel for the respondents.;