DEVDATTA P. SHIRODKAR Vs. THE CHIEF ENGINEER

JUDGEMENT

(1.) HEARD Mr. Kholkar, learned Counsel appearing on behalf of the applicant and Mr. Amonkar, learned Counsel appearing on behalf of the respondents.

(2.) BY this application, filed under Section 11(6) of the Arbitration and Conciliation Act, 1996 (the Act, for short) the applicant has prayed for appointment of an arbitrator and to make an order of reference of disputes listed in Exhibit -B.

(3.) THE Superintending Engineer, Goa Central Division, CPWD, Bambolim, Goa has filed affidavit -in -reply on behalf of the respondents. He has, inter alia, stated that in terms of contract agreement executed between the applicant and the respondent, this Court has no jurisdiction to entertain the application since the applicant has not exhausted all the remedies available to him under the contract agreement and hence, the application is premature and is liable to be dismissed. He stated that in terms of clause 25 of the agreement no. 7/SE/GCD/2012 -13, a Dispute Redressal Committee (DRC, for short) has been incorporated and the applicant has not appealed to the DRC. It is further stated that before receipt of the notice of this Court, the respondent no. 1 by letter no. WZ -II -C & A/54 (162) 2014/89 dated 24/04/2014, had duly informed the applicant that the applicant has to exhaust the complete channel for redressal of his grievance including the appeal to DRC. In view of the above, the respondents alleged that this Court has no jurisdiction to entertain the application and the same is liable to be dismissed.