CEBTZ 14/95 96 on September 17, 1995 by the first appellant Union of India for the work, provisions of OTM accommodation and certain essential technical buildings to be erected and installed at Bhatinda.
The companytractor challenged the High Courts order by filing a special leave petition before this Court.
The Chief Engineer, Bhatinda Zone, Bhatinda Appellant No.
This Court disposed of the special leave petition on January 3, 2006 by directing that the application filed by the companytractor under Section 11 of the 1996 Act shall be placed before the Chief Justice of the Punjab and Haryana High Court, for appropriate order thereon.
The companypletion certificate was issued on September 9, 1999.
Immediately after release of the bank guarantee, on that very day, i.e. July 12, 2000, the companytractor wrote to the appellants withdrawing numberclaim certificates it also lodged certain claims.
It was then that the Chief Justice of the Punjab and Haryana High Court decided the application filed by the companytractor under Section 11 6 of the 1996 Act and passed the order impugned in the present appeal.
The work is said to have been companypleted by the companytractor, albeit belatedly, on August 31, 1998.
3 herein vide his letter dated July 13, 2000 declined to entertain the claims of the companytractor on the ground that the final bill has been accepted by the companytractor after furnishing the numberclaim certificates and numberclaim under the companytract remained.
2 herein to refer the disputes between the parties for resolution to the arbitrator.
Thereafter, the bank guarantee amounting to Rs.
The payment of final bill was released to the companytractor on June 19, 2000.
Being number satisfied with the order dated January 6, 2003, the companytractor challenged that order by filing a writ petition before the High Court of Punjab and Haryana.
21,00,000/ was also released on July 12, 2000.
The companytractor furnished numberclaim certificates on April 3, 2000, April 28, 2000 and May 4, 2000 and the final bill was signed on May 4, 2000.
The Division Bench of the High Court heard the parties and by its order dated May 20, 2004 dismissed the companytractors writ petition.
The companytractor vide its letter dated September 10, 2000 requested the Engineer in Chief, Army Headquarters, Kashmir House, New Delhi Appellant No.
This Court, companysequently, set aside the orders of the High Court and the lower companyrt.
The agreement between the parties made IAFW 2249 an integral part of the companytract.
The application, after companytest, was dismissed by the Civil Judge, Senior Division, Bhatinda on January 6, 2003.
M. Lodha, J. Leave granted.
This appeal, by special leave, arises from the order dated December 8, 2006 passed by the Chief Justice of the Punjab and Haryana High Court in the proceedings under Section 11 6 of the Arbitration and Conciliation Act, 1996 for short, 1996 Act whereby he held that all disputes between the parties to the companytract have to be referred to the arbitration and appointed Mr. M.S. Liberahan, retired Chief Justice of Andhra Pradesh High Court, as sole arbitrator to decide the disputes between the parties.
The respondent M s. Master Construction Company for short, the companytractor was awarded a companytract CA No.
Condition 70 thereof provided mode for resolution of disputes and differences between the parties through arbitration.
The first phase of the work was to be companypleted by July 20, 1996 and the second phase by January 20, 1997.
