M.Y.EQBAL, J. - (1.) HEARD Mr. Rajiv Ranjan, learned counsel for the petitioner and Mr. R.K. Singh learned counsel for the respondents.
(2.) IN this application filed under Sec.11(6) of the Arbitration and Conciliation Act, 1996, the petitioner has prayed for appointment of independent Arbitrator for settlement of dispute and claims of the petitioner for the work relating to and in connection with construction of temporary Houses at Govindpur Project of Kathara Area of the respondents. Petitioner 'scase is that by virtue of work order No. GM/960/Temp/Houses/Govindpur/KTA/95/230 -32 dated 17.1.1996 respondents awarded work of construction of temporary houses at Govindpur Project at Kathara Area to the claimant. It is alleged that the site was partly made available to the claimant which was completed within a short time but some of the site was made available after lapse of completion period. Petitioner alleged to have made several attempt to start the work but the villagers could not allowed to complete the work. Thereafter, several correspondences were made in relation to completion of work, as a result of which petitioner alleged to have sustained loss of Rs. 67,61,975.00 on several counts. The petitioner/claimant vide letter dated 24.9.2004 nominated their Arbitrator and requested the respondents to refer the matter to the Arbitrator in terms of Clause 9.7.5 of the General Terms and Conditions but the respondents could reply and could not appoint their Arbitrator.
(3.) RESPONDENTS in their Counter affidavit have stated that in compliance of mandatory requirement of law and the scheme framed by the Court, petitioner has not filed original agreement or duly attested copy thereof. The general terms and Conditions as contained in Annexure -2 to the application is not the part of the contract entered into by the petitioner. Clause 9.7.5 referred by the applicant is not the arbitration clause.;