POWER GRID CORPORATION OF INDIA LIMITED Vs. B.C. ENTERPRISE

JUDGEMENT

(1.) The instant application has been filed under section 11 (4) of the Arbitration and Conciliation Act, 1996, for appointment of an arbitrator. The records reveal that service was sought to be effected upon the respondent - M/s B.C. Enterprise, on several occasions. However, the said respondent - M/s B.C. Enterprise, remains unrepresented when the matter is taken up for consideration.

(2.) Upon perusing the records it appears that a judgment and order has been rendered earlier on 2nd August, 2019, whereby, an application filed under section 5 of the Limitation Act, 1963, seeking condonation of 193 days of delay in filing of the instant petition under section 11 (4) of the Arbitration and Conciliation Act, 1996, for appointment of an arbitrator, was allowed.

(3.) Briefly stated, the relevant facts of the case culled out from the pleadings, are as follows:-