G.D.R. KRISHNA Vs. HEAD OF PURCHASE AND STORES GOVERNMENT OF INDIA

JUDGEMENT

(1.) THE petitioner has filed this civil miscellaneous petition under Section 11(6) of the Arbitration and Conciliation Act, 1996, (for short 'the Act') for appointment of an Arbitrator to resolve the dispute which has arisen in relation to Purchase Orders at Annexures -D and E dated 22.6.2010 and 21.10.2010 respectively.

(2.) THE petitioner is a Private Limited Company engaged in the business of designing, developing, manufacturing, assembling, buying, selling, importing, exporting, distribution, marketing of all kinds of micro macro, nano -engineering systems.

(3.) IT is the case of the petitioner that while executing the work, the petitioner came to know that the job is not only to fabricate as per the design given by the respondent, but also detailed designing, drafting and to accommodate modifications suiting changes required by the respondent. For execution of the work as above, the petitioner had to incur extra cost. The petitioner sent a notice as per Annexure -F, claiming extra cost incurred by him under various accounts and also informed the respondent the factors that had contributed for the delay. However, the respondent has not sent reply to this demand notice. Finally, the petitioner issued notices at Annexures -V and Y dated 31.10.2013 and 20.01.2014 respectively, calling upon the respondent to appoint an arbitrator for resolution of the dispute. The respondent has not sent reply to the said notices. Therefore, the petitioner has filed this petition seeking appointment of an arbitrator for the resolution of the dispute.