STATE OF MAHARASHTRA Vs. KHANZODE ENGINEERS PRIVATE LIMITED

JUDGEMENT

(1.) RULE returnable forthwith and heard finally by consent of the parties.

(2.) THIS writ petition has been filed by the State of Maharashtra, aggrieved by the order of learned Single Judge of this Court, purported to have been passed under section 11 of The Arbitration and Conciliation Act, 1996 (hereinafter called as the Act) in M. C. A. No. 72/2000.

(3.) THE respondent/construction company was awarded the contract for construction of buildings for Government Girls Polytechnic at Yavatmal, as per the work order dated 11-3-1995. It appears that there arose certain disputes between the parties, and a demand of arbitration, as contemplated under Clause 67 section II of General Conditions of Contract, was made by the respondent/company by its communication dated 24-1-2000 addressed to the Executive Engineer, Road Project Division, Yavatmal, who in turn remarked that the matter could be referred to the arbitration. But at the level of Chief Engineer, a decision was taken to the effect that since no arbitral disputes arose, the matter need not be referred to the arbitrator, and the request put forth by the respondent seeking arbitration, was turned down and same was communicated to the respondent, vide communication dated 29th February, 2000 issued by the Chief Engineer, Public Works Region, Amravati. It is in this context, having been aggrieved by the said decision, declining the request for referring the matter to the Arbitrator, the respondent had filed an application under section 11 of the Act in this Court.