- (1.) HEARD the parties.
(2.) THE petitioner was awarded a contract work for construction of D.L.R Bridge under Irrigation Division, Jamtara. The petitioner alleged to have not completed the work. However, dispute arose with regard to payment of bills. The petitioner after giving notice filed the instant request petition for appointment of an arbitrator. The respondents have not disputed the existence of the arbitration agreement. However, learned counsel appearing for the respondents vehemently contended that the claim has been finally settled and even the security amount was taken back by the petitioner after the petitioner refunded certain amount to the respondents. The claim was finally closed and therefore the question of existence of any dispute does not at all arise.
(3.) IF it is actually correct then the petitioner may not be entitled to any claim, but I sitting as a delegate of the Chief Justice cannot enter into the merit of the case. Under the provisions of Section 11 (6) of the Arbitration and Conciliation Act, it is for the arbitrator to decide whether in view of the facts stated in the counter affidavit the petitioner is entitled to any further amount.;