I.A. 13871/2016 (U/S 5 & 8 of the Arbitration and Conciliation Act)

1. This order shall dispose of the application of the defendant under Sections 5 & 8 of the Arbitration and Conciliation Act, 1996 for referring the dispute to the Arbitrator.

2. The undisputed facts relevant for the determination of the present application is that the defendant had awarded the Balance Civil & Structural Works, of Radisson Hotel & Metropolis Mall at Plot No. ‘A’, SIDCUL N.H. 87, IIE Pantnagar, Rudrapur, Uttrakhand, to the plaintiff vide Contract Agreement dated 08.12.2008. The said agreement contains the arbitration clause no. 13, pursuant to which, all the disputes arising out of the Contract had to be referred to the Arbitrator.

3. On the completion of the said work and after a discussion between the parties, the defendant determined a sum of Rs. 2,72,04,349/- as due and payable by them to the plaintiff. The defendant wrote a letter dated 01.04.2013 confirming the aforesaid outstanding amount towards running bills of the plaintiff and undertook to clear it by 15.05.2013. The plaintiff did not dispute the said amount and waited for the payment. The defendant, however, did not pay the said s