Harish Chandra (India) Ltd. v. Haryana Power Generation, Corporation Ltd.
2007-03-19
H.K.SEMA, LOKESHWAR SINGH PANTA
body2007
DigiLaw.ai
ORDER : H.K. Sema, J. - Leave granted. Heard the parties. 2. The condition precedent for invoking the arbitration clause by a contractor is that he must deposit cash security @ 3% of the total amount claimed by him. Admittedly, the appellant has not deposited 3% of the total amount claimed by him which amounts to Rs. 85,28,340/- (Rupees eighty five lakhs twenty eight thousands three hundred and forty only). Mr. Altaf Ahmad, learned senior counsel appearing for the appellant submits that the Bank would not allow him to carry rupees eighty five lakhs and odd in cash. To solve this problem, we direct the appellant to pay the 3% of the total amount claimed by him, amounting to Rs. 85,28,340/- (Rupees eighty five lakhs twenty eight thousands three hundred and forty only), by a bank draft. The appellants shall deposit the amount within one week. On the amount being deposited, arbitrator shall be appointed by the respondents in one week. Appeal is disposed of in the above terms.