THE PUNJAB STATE THROUGH, THE EXECUTIVE ENGINEER, CENTRAL WORKS DIVISION, P.W.D. AND ANR. Vs. PRITAM SINGH AND SONS

JUDGEMENT

(1.) M /s. Pritam Singh and Sons (hereinafter referred to as the Respondent -firm) was awarded the work of construction of Tanda side approach to high level bridge over River Beas near Siri Hargobindpur on 10th March, 1997. An agreement No. 13 of 96/97 was signed between the parties in regard to this work of construction. The agreement contained Clause 25 which states that in case of any dispute, the matter will be referred to the sole arbitration of the Superintending Engineer of the Circle concerned in the Public Works Department (B and R) Branch, acting as such at the time of reference.

(2.) A dispute arose between the parties as a result of which the Respondent -firm submitted claim before the above -said Arbitrator on 7th August, 1997. At that time, Mr. T.S. Kamboj was the Superintending Engineer of the Central Works Circle, P.W.D. (B and R) Branch, Jalandhar. The arbitrator started the proceedings. The first sitting of the Arbitrator was held on 19th June, 1997. The above -said Superintending Engineer retired on 28th Febuary, 1998 and thereafter he could not act as an Arbitrator because he was appointed as Arbitrator Ex -officio. Thereafter, Mr. J.P. Chandra and Mr. S.C. Kalra, working as Superintending Engineer of Central Work Circle, P.W.D. (B and R) Branch, as per the agreement, became sole Arbitrators, respectively, in this case. They fixed as many as seven hearings, but the arbitration proceedings could not proceed because of the fact that the Respondent -firm did not turn up to attend any of the hearings.

(3.) THE Petitioners, aggrieved by this order of the learned District Judge, Hoshiarpur, have come up by way of the present revision petition in this Court. I have heard the learned Counsel for the parties and have gone through the records of the case. Clause 25 of the agreement reads as under: