S.K.JAIN, G.P.MATHUR
RAIL INDIA TECHNICAL AND ECONOMIC SERVICES LTD. – Appellant
Versus
VIDYAWATI CONSTRUCTION COMPANY – Respondent
( 1 ) THIS writ Petition under Article 226 of the Constitution has been filed for queshing the Order dated 17/11/2000 of Honble the Chief Justice appointing an arbitrator under S. 11 (5) of the Arbitration and Conciliation Act. 1996.
( 2 ) M/s. Vidyawati Construction Company, respondent No. 1 filed a petition under Section 11 (6) of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the Act) on the grounds, inter alia, that the petitioner Rail India Technical and Economic Services Ltd. (in brief, RITES invited tenders for construction of institute building and staff quarters for Northern Regional Institute of Printing Technology, Allahabd and the tender submitted by it was accepted on May 1992. The stipulated period for completion of work was 12 months which was extended from time to time and the work was actually completed on 30/07/1995 but the RITES did not issue any completion certificate. A sum of Rs. 88,79,847. 00 was due to it towards cost of construction which had not been paid. The agreement entered into between the parties contained an an arbitration clause, and it sent a letter dated 30/09/1998 requesting the Managing Director of RITES
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