2007 (9) TMI 722 - HC - Indian Laws

Summary

Issues involved: Application u/s 11(6) of the Arbitration and Conciliation Act, 1996 for appointment of an arbitrator; Arbitrability of claims related to work done, losses, interest charges, profitability loss, relief/compensation, and litigation charges.

Arbitrability of Claims:
- The respondent argued that claims (B) to (F) are not arbitrable based on the contract conditions.
- Claim (B) for losses due to increased work done beyond the prescribed limit of variation was contested. The General Conditions of Contract allowed claims beyond 25% variation for individual items, but the Special Conditions of Contract overrode this provision, disallowing any claim for variation.
- Claim (C) for interest charges on delayed and unpaid payments was deemed non-arbitrable based on the clause stating no interest is payable on amounts due to the contractor under the contract.
- Claims (D), (E), and (F) were found to be interconnected with claims (A), (B), and (C). Since claims (B) and (C) were deemed non-arbitrable, the court concluded that claims (D), (E), and (F) were also not subject to arbitration.

Conclusion:
- The court dismissed the petition for appointment of an arbitrator based on the non-arbitrability of the claims presented.