THE HON’BLE SRI JUSTICE T. VINOD KUMAR ARBITRATION APPLICATION No. 158 of 2022

ORDER

1. The present Arbitration Application is filed under Section 11(5) & (6) of the Arbitration and Conciliation Act, 1996 (hereinafter 'the Act, 1996') for appointment of a sole arbitrator to resolve the disputes between the parties.

2. Heard Mr. G Purushotham Reddy, learned Counsel for the Applicant and Mr. S. Keshava Rao, learned Counsel for Respondent.

3. Case of the Applicant:

i. The Respondent is the main contractor for execution of project Kalwakurthy Lift Irrigation Scheme Package No.29, employed by the erstwhile state of Andhra Pradesh. The respondent herein vide Agreement No. MPL/CA/HYD/ KLIS/3/PRC/2007/0027 dated 06.09.2007 had allotted part of the work relating to package No.29 to the applicant herein. Subsequently, balance work vide amendment dated 17.09.2012 was also allotted to the applicant. The initial term of the agreement was 10 months under the agreement dated 06.09.2007 and 12 months under the amended agreement dated 17.09.2012.

ii. The stipulated timeline was delayed due to failure in handing over possession of land due to delays in land acquisition.

iii. Since, the contract is a piece