PRATAP ELECTRICAL AND CO Vs. ASEA BRAN BOVERI LTD
LAWS(JHAR)-2005-2-13
HIGH COURT OF JHARKHAND
Decided on February 09,2005

PRATAP ELECTRICAL AND CO. Appellant
VERSUS
ASEA BRAN BOVERI LTD. Respondents

JUDGEMENT

- (1.) In the instant application under Section 11 (6) of the Arbitration and Conciliation Act the petitioner has prayed for appointment of a co-arbitrator for entering into the reference and adjudication of dispute and differences.
(2.) Petitioner was awarded some work order vide work No. 281 dated 13-6-96 and 280 dated 6-12-97 by the respondent for execution of certain work for modernization of SAIL/Bokaro Steel Plant at Bokaro, Jharkhand.
(3.) Petitioner's case is that after completing the work successfully bills were submitted but the respondent made part payment to the petitioner. The total amount of bill to the work executed is Rs. 9,46,555.93/-. Petitioner has sent several letters to the respondent but none of the letters have been responded. Petitioner, therefore, invoked arbitration clause and referred the matter to arbitration in terms of clause 26 of the agreement appointing Sri. S. P. Tiwary, Arbitrator on behalf of the petitioner vide letter dated 8-11-2002. Petitioner said to have again served a letter dated 15-2-03 for appointment of an arbitrator but could not get any response. Hence, this petition.;


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