UMESH CHANDRA BENERJEE, J.

( 1 ) IN this application under Section 11 (5) of the Arbitration and Conciliation act, 1996, the petitioner prayed for appointment of an Arbitrator under clauses 63 and 64 df the General Conditions of Contract.

( 2 ) THE contextual facts depict that in terms of an invitation to tender, the petitioner submitted his tender and his tender was accepted by the respondents and in pursuance whereof the Agreement No. 247/a/cao/c/sc/95 dated 11-10-1995 was entered into by and between the applicant and the respondents herein. As appears, on the factual score, the awarded work was completed and certain part payments were also made, but on completion of the work, by reason of specific conduct of the respondents herein, the applicant raised various disputes as regards reimbursement of payment made to financier and compensation for loss of profit together with loss sustained by reason of the conduct of the respondents. The applicant herein did, in fact, submit a claim in January, 1997 and requested for arbitration. Similar request was reiterated on 17-3-1997. The respondents, however, issued a letter rejecting the claim of the applicant in December, 1997. The final bil

Click Here to Read the rest of this document