M.Y.EQBAL, J. - (1.) IN the instant application under Section 11(6) of the Arbitration and Conciliation Act, 1996 the petitioner has prayed for appointment of an independent sole Arbitrator for deciding the disputes raised by the petitioner with regard to his claim made to the respondents.
(2.) PETITIONER was allotted a contract work by the respondents for the work of strengthening and widening of Roads from Khalari to Kalyanpur. Petitioner said to have completed the entire work. It is alleged that payment of Price -Escalation on labour, P.O.L. was agreed upon vide Clauses 15 and 16 of the General Terms and Conditions. Petitioner's case is that respondents made part payment and inspite of repeated request the total claim of the petitioner has not been released. Petitioner, thereafter, raised disputes and called upon the respondents to appoint arbitrator for the Adjudication of the disputes. The case of the respondent/ Central Coalfields Ltd. on the other hand is that petitioner has been paid full and final payment of Rs. 1,18,62,660.92 paise against their work done. The final escalation bill was also paid. All these bills have been duly accepted by the petitioner without any protest and they have accepted the final bill voluntarily and unconditionally. Petitioner also furnished certificate on the measurement book and in the final bill acknowledging that they have no dues outstanding against the management and their bill is in full and final settlement of their claims. According to the respondents, no disputes or differences therefore exists between the parties which warrant appointment of Arbitrator for resolving the alleged disputes.
(3.) I have heard Mr. Rajiv Ranjan, learned counsel for the petitioner and Mr. A.K. Srivastava, learned counsel for the respondents.;