[Civil Appeal No. 1586 of 2004]. [Civil Appeal No. 1587 of 2004]. The appellant is a contractor engaged in executing work contracts awarded by the Government of Karnataka and its instrumentalities. In 1996,the appellant was awarded contract for construction of bridge between Yethabadi- Buyyanadoddi across Shimsha river in Malavalli. The appellant did not complete the work by alleging lack of cooperation on the part of Chief Engineer, Communication and Building (South), Bangalore (respondentNo.2) and then lodged claim for payment of the amount allegedly due to him. After some time, the appellant filed an application under Section 11(6)and (8) of the Arbitration and Conciliation Act, 1996 (for short, 'the 1996Act') for appointment of an Arbitrator for adjudication of all the disputes pertaining to Contract No.5/96-97 dated 8.5.1996. The Chief Justice of the High Court assigned the application to the Designated Judge, who dismissed the same vide order dated 14.9.2001 by relying upon the judgment in Mysore Construction Company v. Karnataka Power Corporation Ltd. ILR 2000 KAR 4953. Paragraphs 5 and 6 of that order read as under:"
↧