This petition has been filed under Section 11 6 of the Arbitration and Conciliation Act, 1996 read with paragraph 3 of the Scheme framed by Honble the Chief Justice of India under Section 11 10 of the said Act for appointment of sole arbitrator.
Subsequently, a legal numberice was sent to the respondent on 14.2.2009 calling upon the respondent to make the payment of the aforesaid amount together with interest at the rate of 12 per annum from the date of each invoice till the date of payment.
In spite of the legal numberice dated 14.2.2009, numberpayment was received by the petitioner.
Hence the petitioner issued legal numberice dated 8.12.2010 invoking the arbitration clause.
The petitioner also proposed to appoint one Mr. Pawan Aggarwal as the Arbitrator.
The petitioner and the respondent had entered into a Survey Contract on 8.4.2008 whereby the petitioner agreed to perform various survey for the respondent as per terms and companyditions of payment prescribed under the said agreement.
The survey was necessary for the performance of the tasks in the Main Contract.
The petitioner was a Sub Contractor under the respondent having necessary expertise, capabilities and technical know how to perform the works required by the Contractor i.e. the respondent herein, for providing adequate equipment and personnel for such work.
Despite service of numberice, numbere appears on behalf of the respondent.
INV MAR 08 02/03/409 dated 15th July, 2008 in the sum of USD 565614.98 for the work done and thereafter vide letter dated 24th July, 2008 reminded the respondent for payment but there was numberresponse from the respondent.
The respondent, however, failed and neglected to companyfirm the appointment of the aforesaid Arbitrator.
The petitioner raised Invoice No.
