ORDER :

1. This application under Section 10 and 11 of the Arbitration and Conciliation Act, 1996 (‘the Act’) has been filed by the applicant seeking reference of dispute between the parties to Arbitrator.

2. It is inter alia indicated that the applicant was issued a work order dated 1.1.1996 for manufacture and supply of 20 lakh first class bricks and an agreement No.7/1995-1996 was executed in this regard. As per the order and contract, the work was to commence from 16.1.1996 and was to be concluded in 12 months i.e. by 15.1.1997.

3. It is claimed that the applicant earnestly commenced implementation of the work order and supplied 20 lakh bricks by 31.10.1996, however, another order dated 31.10.1996 was issued to the applicant for supply of additional 20 lakh bricks and based on the said quantity, it was expected that the contract would be extended till 15.1.1998.

4. It is then indicated in the application that for various reasons on account of rains etc. instead of 40 lakh bricks, the applicant was required to manufacture 45.50 lakh bricks, however, the applicant was not made full and final payment by the respondents in terms of Clause-10(a) of the agreement. It is claimed that on a