DEEPAK KUMAR JINDAL Vs. PUNJABI UNIVERSITY PATIALA

JUDGEMENT

(1.) The challenge in the present revision petition is to the order dated 14.6.2006, whereby in view of the arbitration clause in the agreement, the matter was referred to arbitration and the suit was dismissed.

(2.) The petitioner was granted a contract for construction of Girls' Hostel at Talwandi Sabo vide allotment letter dated 5.5.2005. The conditions of the contract have been appended by the petitioner as Annexure P.4. Clause 25A of the said contract pertains to disputes and arbitration. On 27.4.2006, the Executive Engineer of the University invoked Clause 3(b) of the agreement and the remaining work of the building was taken over by the University to be carried out in the manner considered appropriate by it. The said communication addressed by the Executive Engineer was challenged by the petitioner in a suit for declaration. In the said suit, an application was filed by the University to refer the matter to Arbitrator in terms of the arbitration clause in the agreement. The said application has been allowed vide the order impugned in the present revision petition.

(3.) The sole argument raised by the learned counsel for the petitioner is that the letter dated 27.4.2006, has been issued by the Engineerin- Charge and in terms of Clause 25A of the agreement, the petitioner cannot seek arbitration unless there is settlement by Engineer-in-Charge. Since the action has been taken by the Engineer-in-Charge, the petitioner cannot seek any settlement from such Engineer-in-Charge and, therefore, the stage of settling dispute by Arbitration, has yet not matured.