IMPORTANT POINT
A single arbitration application for multiple sub-contract agreements is not maintainable when the contracts are separate and distinct, and do not arise from a single commercial project.

JUDGMENT

J.SREENIVAS RAO, J. - The applicant filed this application under Sec. 11(5) and (6) of the Arbitration and Conciliation Act, 1996 read with Scheme for Appointment of Arbitrator, 1996 (for short, 'the Act') to appoint a sole arbitrator to adjudicate the claims and disputes between the applicant and the respondent. Factual matrix

2. The applicant is a partnership firm registered with Registrar of Firms, Hyderabad, under Indian Partnership Act, 1992. The applicant firm is in the business of civil engineering and undertakes and executes all kinds of contracts for civil engineering works with specialization in irrigation projects. The applicant submits that the respondent is a private limited company doing the business of procuring civil engineering works by obtaining tenders from the public works departments and get the work executed by engaging specialists in the field on sub-contract basis or on the basis of independent contractor. The applicant further submits that her husband and managing director of the respondent company are close relatives, with that rapport respondent engaged the applicant to execute various irrigation contract works numbering 10 procured through tenders since 2011. The respondent entrusted the said contract works to the applicant on a back-to-back basis. The respondent has engaged the applicant as a sub-contractor by duly executing sub-contract agreements for nine works out of ten works. For one work viz., Telugu Ganga Project granted by erstwhile Andhra Pradesh Government, the sub- contract between respondent and the applicant is established by correspondence and business communication between applicant firm and respondent company and with the concerned irrigation department.

2.1. The details of the works entrusted by the respondent to the applicant as below:

a) Gajuladinee Project under Sub-contract agreement dtd. 3/10/2011. Nature of the work is modernization of SanjiviahSagar (GajulaDinne) Medium Irrigation Project in Kurnool district under JICAprogramme. The cost of project or value of the contract is Rs.43,19,23,482.00. b) Kanchi Project - Ranchi under Sub-contract agreement dtd. 18/7/2013. The nature of the work is restoration work including lining of main canal and Restoration work of Baranda&Adradih Branch Canal under Kanchi Weir Scheme. The cost of the project or value of the contract is Rs.37,12,66,519.00.

c) Kokro project - Ranchi under Sub-contract agreement dtd. 18/7/2013. The nature of the work is restoration work including lining and repair of structures of Kudadih Branch Canal and Sonahatu Distributaries under KOKRO irrigation scheme. The cost of the project or value of the contract is Rs.8,38,96,566.00.

d) Jamshedpur-Reach-1 under Sub-contract agreement dtd. 19/3/2014. The nature of the work is Construction of earth work. P.C.C. Lining, WBM Road and all structures from Km.29.35 to Km.36.00 of Gulidih Left Main Canal. The cost of the project or value of the contract is Rs.36,95,05,498.00.

e) Jamshedpur-Reach-2 under Sub-contract agreement dtd. 19/3/2014. The nature of the work is Construction of earth work. P.C.C. Lining, WBM Road and all structures from Km.36.00 to Km.42.60 of Gulidih Left Main Canal. The cost of the project or value of the contract is Rs.37,00,99,149.00. f) Jamshedpur-Reach-3 under Sub-contract agreement dtd. 19/3/2014. The nature of the work is Construction of earth work. P.C.C. Lining, WBM Road and all structures from 42.60 to 49.30 km of Gulidih Left Main Canal. The cost of the project or value of the contract is Rs.36,54,75,955.00.

g) Jamshedpur-Reach-4 under Sub-contract agreement dtd. 19/3/2014. The nature of the work is Construction of earth work. P.C.C. Lining, WBM Road and all structures from 49.30 Km to 56.00 Km of Gulidih Left Main Canal. The cost of the project or value of the contract is Rs.44,14,54,166.00. h) LMC& RMC - Karim Nagar - package-1 under Sub- contract agreement dtd. 3/10/2011. The nature of the work is investigation, Design and executio