NONDOCHAND NAIDING Vs. ADDITIONAL CHIEF ENGINEER

JUDGEMENT

(1.) Heard Mr. B. Pathak, learned counsel for the petitioner. Also heard Mr. R.M. Das, learned Standing Counsel, North Cachar Hills Autonomous Council (NCHAC) appearing for the respondents.

(2.) The present petition has been filed under Sec. 11(6) of the Arbitration and Conciliation Act, 1996 for appointment of an Arbitrator on the ground that after the dispute has arisen between the petitioner and the NCHAC authorities, in terms of the Arbitration Clause 20.1 of the Special Conditions of Contract (SCC), the matter is to be referred to the Arbitrator in accordance with the Arbitration and Conciliation Act, 1996.

(3.) Mr. R.M. Das, learned Standing Counsel, NCHAC, however, submits that the dispute arose out of termination of the contract by the Executive Engineer and there is a specific provision under Clause 24.1 of the General Conditions of Contract (G.C.C.) of the Agreement to the effect that if the contractor is of the view that the decision taken by the Engineer was wrong, the said decision could be referred to the Dispute Review Board, and as such, there is an Alternative Dispute Resolution Mechanism already in place under the said Agreement and as such, before the said Arbitration Clause is evoked, the petitioner ought to have evoked the Dispute Resolution Clause as provided under Clause 24.1 of the General Conditions of Contract and as such, the present petition is not maintainable.