( 1 ) APPLICANT seeks appointment of an independent arbitratorundersection 11, subsections (5) and (6) of the Arbitration and conciliation Act, 1996.

( 2 ) PURSUANT to the tender notice, dated 19-7-1999, issued by the respondent for construction of pile foundations, R. C. C. columns and superstructure between Chirala and Stuartpuram railway station, Vijayawada, gudur section, the petitioner submitted his negotiated offer on 11-1-2000 and respondents accepted the same on 19-1 -2000. As perthe terms of the agreement, the work should be completed within 12 months from the date of acceptance letter i. e. , on or before 18-1-2001. Initially value of the work was Rs. 1,54,62,330/- The parties entered into an agreement bearing n0. 2/cao/c/sc/2000 on 7-2-2000. The petitioner deposited an amount of Rs. 53,358/- towards EMD out of three crores to be deposited and requested the respondents to recoverthe balance amounts from his running bills and accordingly they recovered an amount of Rs. 2,46,642/ -. The quantities mentioned in the tender schedule are only approximate and thev are liable to be varied up to 25% beyond the agreement at the time of actual execution of the work. Due to improper

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