STATE OF CHHATTISGARH Vs. RS BAJWA

JUDGEMENT

(1.) HEARD learned counsel appearing for the applicants as well as learned counsel appearing for the non-applicant.

(2.) BY this petition, the applicants seek review of the order dated 27.8.2010, passed by this Court in Writ Appeal No. 208 of 2008 (M/s R. S. Bajwa & Company Vs. State of Chhattisgarh & 4 others), whereby the writ appeal was allowed. The impugned order dated 5.8.2008 passed by the learned Single Judge in W.P. (C) No. 3700/2008 and the order dated 5.5.2007 passed by the learned District Judge, Surguja (Ambikapur) in Execution Proceedings No. 1/07 were set aside and it was directed that the District Judge shall decide the application of the writ appellant filed for execution of the award dated 22.8.2006 in accordance with law.

(3.) IN view of the Hon'ble Apex Court's decision in the case of V.A.Tech Escher Wyass Flovel Ltd. vs. M.P. S.E.Board (supra) since in the instant case the Arbitration and Conciliation Act, 1996 was applicable because of the existence of the arbitration agreement and if pursuant to the same the Chief Engineer appointed the sole arbitrator following clause 51 of the agreement, in our opinion there was no illegality therein and in case the Chief Engineer would have denied to appoint the arbitrator and invoke clause 51 of the arbitration agreement, the aggrieved party could approach the Chief Justice under Section 11 of the Act, 1996 in view of the applicability of that Act.