GAYATRI PROJECTS LIMITED Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS Writ Petition has been filed challenging an Order Dated 28th February, 2004, passed in ARBP No. 34 of 2002 under Section 11 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as 'Act 1996') whereby Hon'ble Chief Justice was pleased to dismiss the said petition. At that time anyone who was aggrieved by an order under Section 11 of the said Act 1996 could file a Writ Petition under Article 226 of the Constitution of India in view of the decision of the Hon'ble Supreme Court in Konkon Railway Corporation and Anr. v. Rani Construction Pvt. Ltd. reported in AIR 2002 BC 778.

(2.) IN the impugned order, which was passed by the Learned Judge under Section 11 of the Act 1996 the facts which have been noted are that the Petitioner dropped a tender for the work of 'Construction of Left Afflux Bundh FROM Rd 630 -M to 1770 -M of Rengali Irrigation Sub -Project W.R.C.P. Package No. 9'. The tender of the Petitioner was accepted and work order was issued in favour of the Petitioner. The Agreement was duly executed and signed by the parties. As disputes arose between the parties, the Petitioner by its letter dated 02.09.2002 requested the Opposite Party to appoint an Arbitrator for referring the dispute for adjudication by the Arbitrator. In the said letter, Petitioner suggested some names and prayed for appointment of one of them. Despite receipt of the said letter by the Opposite Party, no Arbitrator was appointed and when more than one month elapsed, the High Court was approached with Section 11 Petition and on which the impugned order was passed.

(3.) THE relevant clauses for Arbitration in this case are as follows: