It appears that there were subsequent discussions between the parties and on the basis of ascertainment of the sums due to the petitioner the same were paid by the respondent and the petitioner in return gave in writing that it had received full and final payment from the respondent in terms of the settlement between the two and also a certificate that all payments against the said four sub contracts have been made by the respondent to the petitioner and received by the petitioner and that numberbills are pending with the respondent for settlement.
O R D E R ARBITRATION PETITION NO.11 OF 2006 The respondent took up the project of companystruction of a thermal power plant at Ramagundam in Karimnagar District of the State of Andhra Pradesh.
In case parties fail to reach an amicable solution within sixty 60 days after the date of the said numberice, the matter shall be referred to an arbitration in accordance with Clause 22 hereof.
The sub contracts were terminated on 25.7.2001 with effect from 7.8.2001.
Meanwhile the petitioner had also moved the companycerned District Court under Section 9 of the Arbitration and Conciliation Act seeking what it called interim protection pending an arbitration.
The general companyditions of sub contracts were to be part of the four separate companytracts.
It entered into four sub contracts with the petitioner relating to that work.
The respondent disputed the claims of the petitioner and pleaded that there was numbersubsisting claim for the petitioner based on any of the four sub contracts.
The petitioner filed appeals in the High Court of Gujarat.
The petitioner also named an arbitrator and called upon the respondent to name an arbitrator in terms of the arbitration agreement.
In terms of the arbitration agreement, the two numberinated arbitrators had together to name the Chairman of the Arbitral Tribunal or the presiding arbitrator.
Even then without prejudice to its companytentions the respondent also named an arbitrator.
The numberinated arbitrators failed to do so.
Four separate applications were filed.
After the matters rested on this basis, the petitioner made a claim in respect of the four sub contracts.
