1. This is an application for appointment of an Arbitrator on the strength
of Clause 76.0 of the General Conditions of Contract. The General
Conditions of Contract (GCC) was made applicable to the agreement
between the petitioner and the respondents. National Projects Construction
Corporation Ltd (NPCCL), i.e., the respondent had awarded a contract to the
petitioner for reconstruction/upgradation of the existing road NH-717-A to
Two lane with paved shoulder, including geometric improvement from KM
6.00 to KM 16.167 in NH 717A in the state of Sikkim, on the terms and
conditions contained in the Letter of Award.
2. The petitioner contends that disputes cropped up with regard to
withholding payment of the running account bill (R.A bill), invocation of
bank guarantee upon termination of the contract, non-refund of security
deposit etc. Ultimately, the notice invoking arbitration was issued by the
petitioner on February 19, 2022. The third and final RA bill allegedly
became due and payable sometime in February/March 2021.