STATE OF MADHYA PRADESH Vs. LION ENGINEERING CONSULTANTS

JUDGEMENT

(1.) REJECTION of application seeking amendment in the application for setting aside Arbitration Award under the Arbitration and Conciliation Act, 1996 (hereinafter referred to as 'AC Act') by order dated 14.2.2014 by the Seventh Additional District Judge, Bhopal has led the objector to an Award file this writ petition under Article 227 of the Constitution of India.

(2.) UNDISPUTED facts borne from the record are that a contract for consultancy and its implementation services for third party evaluation and quality control/assurance for construction of building costing about Rs.75,372.31 lakh in accordance with specifications and relevant I.S. Codes using funds provided by Rajya Shiksha Kendra Bhopal was entered into between the petitioner and respondent on 29.1.2007.

(3.) SINCE there exists an arbitration clause 16 in the Agreement stipulating that "Any dispute arising out of the contract, which cannot be amicably settled between the parties, shall be referred to adjudication at Bhopal in accordance with the Arbitration and Conciliation Act, 1996; contractor invoking the same sought the resolution of the dispute through an arbitration by filing an application under Section 11(6) of the Arbitration and Conciliation Act, 1996 before the High Court vide Arbitration Case No.15/2008 for appointment of Arbitrator. That, sole arbitrator, retired Judge of this Court Hon. Shri Justice S.S. Jha, was appointed by order -dated 4.9.2008.