ARVIND KUMAR DEWANGAN S/O LATE SHRI G D DEWANGAN Vs. EXECUTIVE ENGINEER, PUBLIC WORKS DEPARTMENT (B/R) DIVISION

JUDGEMENT

(1.) Invoking Section 19 of the Chhattisgarh Madhyastham Adhikaran Adhiniyam, 1983 (for short 'the Act of 1983'), the petitioner contractor has filed this revision questioning legality, validity and correctness of the order dated 3.7.2013 passed by the Chhattisgarh Madhyastham Adhikaran, Raipur (for short 'the Arbitration Tribunal') in Reference Case No.11/2010, whereby the reference petition instituted by the petitioner herein has been rejected on the ground of non-compliance of clause 29 of

(2.) Aforesaid challenge has been made on the following factual backdrop:-

(3.) Mrs. Naushina Ali, learned counsel appearing for the petitioner contractor, would submit that the petitioner raised the dispute to the Superintending Engineer vide Ex.P/29 on 22.12.2009 and when no decision was taken by the Superintending Engineer within 15 days from the date of filing the application, the appeal was preferred within the prescribed time before the Chief Engineer on 6.1.2010 vide Ex.P/30. The Superintending Engineer by its order dated 22.4.2010 vide Ex.P/1 rejected the claim of the petitioner and therefore, clause 28 of the agreement has been complied with in its letter and spirit by the petitioner and therefore, learned Arbitration Tribunal is absolutely unjustified in rejecting the reference petition filed by the petitioner herein and therefore, the order impugned be set aside and matter be remanded back to the Arbitration Tribunal for disposal of the reference petition in accordance with law on merits.