DEBJANI SANYAL Vs. CHIEF SECRETARY

JUDGEMENT

(1.) This is an application under Article 227 of the Constitution of India assailing the order no. 46 dated 22.6.2011 passed by the learned Civil Judge (Senior Division) at Siliguri in Money Suit No. 13 of 2004. In that impugned order, learned trial court was pleased to allow one application filed by the State of West Bengal and others under Section 8 of the Arbitration and Conciliation Act of 1996 (hereinafter referred to as the Act) directing that the matter is to be decided by the Chief Engineer of the Department, the sole arbitrator in terms of clause 25 of the agreement to settle the dispute so raised by the plaintiff.

(2.) The fact relevant for the purpose of deciding this revisional application can be stated below in brief thus: -

(3.) This petitioner filed a money suit before the Civil Judge (Senior Division), Siliguri within the district of Darjeeling praying for a money decree for the security deposit amounting to Rs.4,03,524/ - with interest at the rate of 9.5% thereon, declaring that imposition of penal Clause 2, which followed to recession of contract vide Memo no. 20 -7/191/1(2) dated 08 -02 -2001 by the defendant no. 4 was illegal or invalid. The plaintiff/petitioner also prayed for damage or attachment of property etc. The defendant appeared and came up with an application under Section 8 of the said Act claiming, inter alia, that as per Clause 25 of the tender the Chief Engineer is the sole authority to appoint one Arbitrator to decide regarding the return of that security deposit. Learned trial court allowed that application and directed the parties to approach the Chief Engineer of the Department, the sole Arbitrator, in terms of Clause 25 of the agreement to settle the dispute so raised by the plaintiff.