Chief Justice's Court
Case :- ARBITRATION AND CONCILI. APPL.U/S11(4) No. - 51 of 2008 Applicant :- M/S Krishna Company Opposite Party :- M/S Northern Coal Fields Ltd. And Others Counsel for Applicant :- Ram Kirti Singh Counsel for Opposite Party :- R.C.Singh
Hon'ble Govind Mathur,Chief Justice
This application is preferred for appointment of an Arbitrator by invoking powers under sub-Section (6) of Section 11 of the Arbitration and Conciliation Act, 1996.
The applicant entered into an agreement with the respondent- M/s Northern Coalfields Ltd., Shaktinagar, Sonbhadra for installation, testing and commissioning of Control Panel System for motorized operation of Butterfly valves of V.T. Pumps at National Thermal Power Corporation premises.
Clause-26 of the agreement executed between the parties on 30th May, 2001 prescribes that all dispute and differences whatsoever arising between the parties out of the contract shall be referred to Chairman-cum-Managing Director of NCL.
As per counsel for the applicant, a notice was given by the applicant on 6th September, 2005 for reference of the dispute existing between the parties but of no consequence. A copy of the notice is available on record as annexure 5.
Having considered all facts of the case, I deem it appropriate to dispose of this application by directing the respondent no.1 to refer the dispute as agitated in the notice dated 6th September, 2005 for its resolution to Chairman-cum-Managing Director of NCL within a period three weeks from the date the applicant serves a certified copy of this order upon Officer In-charge of the respondent no.1.
The application stands disposed of accordingly.
Order Date :- 22.1.2019 Bhaskar (Govind Mathur, C.J.)