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SURESH KUMAR KAIT
Aee Engineeers And Contactors And Another – Appellant
Versus
Ignou Through Its Vice Chancellor – Respondent
JUDGMENT
Suresh Kumar Kait, J. - The present petition has been filed under Section 11(6) of the arbitration and Conciliation act, 1996 seeking appointment of sole arbitrator to adjudicate the disputes inter se the parties.
2. Petitioner No.1 is the proprietorship firm of petitioner No.2 and is engaged in the business of supply and maintenance of electrical jobs etc.
3. as per the averments made in the present petition, respondent awarded the work of operation of 5 Electric Sub-Station Equipment installed in ESS-1 2, 4,5 & 10 at IGNOU Campus, Maidan Garhi, New Delhi vide letter for commencement No.IG/ CMD/ EE/ 2015-16/ 1552 dated 18.11.2015 after conveying acceptance of his quotation vide letter No.IG/CMD/EE(E)/2015-16/1549 dated 17.11.2015. Subsequently, agreement No.IG/CMD/EE(E)/WO/2015-16 dated 19.11.2015 was executed between the parties. Contract was further extended several times, However, when petitioners raised the bills from time to time for the work executed by it, the respondent failed to make payment. The payments towards bills dated 23.04.2018 and 21.06.2018 are still due. ESI and PF reimbursement towards bills dated 01.11.2017, 23.04.2018 and 21.06.2018 amounting to Rs. 63
The court's decision highlights the importance of honoring arbitration clauses in agreements and the appointment of arbitrators to resolve disputes.
Non-compliance by a party allows the court to appoint a sole Arbitrator under the Arbitration Act when arbitration notices are ignored.
The main legal point established is the court's authority to appoint a sole arbitrator under Section 11(6) of the arbitration and Conciliation act, 1996 when the parties fail to mutually appoint one,....
The court's decision emphasized the appointment of a sole Arbitrator to adjudicate disputes under the Arbitration and Conciliation Act, 1996.
The court's decision emphasized the importance of consent and lack of objection from both parties in appointing a sole arbitrator.
The court's decision emphasizes the validity of invoking arbitration in accordance with the arbitration clause of the work order and the importance of compliance with Section 12 of the Arbitration an....
The main legal point established in the judgment is the appointment of a sole arbitrator under Section 11(6) of the Arbitration and Conciliation Act, 1996 to adjudicate the disputes between the parti....
The court can appoint an Arbitrator when parties fail to mutually agree, as per agreement provisions and arbitration law.
Court can appoint an arbitrator when both parties consent to arbitration for resolving disputes, even amidst contractual disagreements.
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