R.S.CONSTRUCTION Vs. INFRASTRUCTURE DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) The identical petitioner herein had entered into an agreement pursuant to tender process initiated by the respondent. The separate agreements entered into contained Clause-25 for dispute resolution. The petitioner requests for appointment of an arbitrator under Clause-25 read with the provisions of the Arbitration and Conciliation Act, 1996.

(2.) The learned Senior Counsel appearing for the respondent, however, relied on the decision of this Court in C.Rev No. 181 and 182 of 2023 (The State of Bihar v. Kashish Developers Limited) dtd. 4/10/2024 wherein Clause-25 was interpreted to find that after the amendment of 2016 of the Arbitration and Conciliation Act, 1996, there would be no question of an arbitration going by the language employed in Clause-25.

(3.) It is also submitted that the said decision was taken up before the Hon'ble Supreme Court in SLP Nos. 25109- 25110 of 2024 which stood dismissed.