JUDGMENT :

This is an application filed under Section 11 read with Section 12 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as ‘the Act’ for short), praying for appointment of an independent Arbitrator to resolve the dispute between the petitioner and the respondents.

2. The petitioner is a proprietorship firm and Shri Gurnam Singh is its sole proprietor. The respondent with an intent to construct Sacred Heart Senior Secondary school, Junior Wing, Garden Villa, at Dalhousie, entered into an agreement with the petitioner on 6.4.2017. As per the terms and conditions of the agreement, the construction was to be raised strictly in accordance with the drawings and specifications to be provided by the respondent and has been elaborated in the schedule of the agreement. However, according to the petitioner, it was required to start the construction only after receipt of the drawings and specifications duly approved by the respondent which were provided by the respondent after a delay of about five months on 7.9.2017. The construction work was to be completed on or before 7.9.2018, failing which, the respondent had the right to impose the penalty of Rs.1500/per day.