ERALITE BUILDTECH PRIVATE LIMITED Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Heard Ms. Akansha Juyal, learned counsel for the applicants and Mr. Paresh Tripathi, learned Chief Standing Counsel for the State of Uttarakhand.

(2.) The dispute resolution mechanism, stipulated in the agreement, is in Clauses 23 and 24 which read as under:

(3.) An adjudicator is required, in terms of Clause 23.1, to be appointed jointly by the Employer and the Contractor; and, under Clause 24.1 if the Contractor believes that the decision taken by the Engineer is without authority or that the decision has been wrongly taken, then the decision is required to be referred to an Adjudicator within 14 days of the notification of the Engineer's decision. While Clause 24.2 requires the Adjudicator to give his decision in writing within 28 days of receipt of a notification of a dispute, it does appear that in the present case, despite the applicants having addressed a letter and the respondents having appointed an Adjudicator by order dated 06.12.2018, the dispute has not been notified to the Adjudicator till date.