- (1.) THIS is an application for appointment of an Arbitrator under Section 11 (6) of the Arbitration and Conciliation Act, 1996 as an agreement between the applicant and the respondent -Company incorporating Clause 18.3 for appointment of an Arbitrator in case a dispute, claim or difference arose other than the accepted matters in respect to the contract which has been executed.
(2.) THE applicant has come up with a case that a dispute had arisen between the applicant and the respondent -Company since the applicant is claiming payment for the work done towards painting and white washing in the building owned and possessed by the respondent -Company and although part payment towards this work has been made to the applicant, the entire dues have not been cleared. The counsel for the respondent - Company, on the other hand, has submitted that the entire 10/5/2014 Page 207 Sunanda Nandi Versus State Of Jharkhand payment has been made to the applicant and no amount is due. Thus, it is obvious that a dispute has arisen in between the parties in regard to the payment towards white washing and painting and the respondent -Company has paid approximately an amount of Rs. 1,81,609/ - to the applicant whereas the applicant claims that the amount which has been paid is only fifty per cent of the amount claimed by it and further amount is required as the total bill raised by the applicant was Rs. 3,63,219/ - out of which only fifty per cent has been paid. The applicant, therefore, had a right to resort to Clause 18.3 of the agreement for appointment of an Arbitrator.
(3.) HENCE the clause for appointment of an Arbitrator obviously comes into play and will have to be invoked as per the terms and conditions of the agreement.;