BHAWANI CONSTRUCTION AND CO Vs. STATE

JUDGEMENT

(1.) THIS order shall dispose of all these cases (Request Nos. 75, 76, 77, 78, 79, 80, 81, and 82 of 2004).

(2.) THE petitioner is before this Court under section 11(6) of the Arbitration & Conciliation Act, 1996, with a request that as a dispute arose between the parties and despite his request letter, the matter has not been referred to the Superintending Engineer in accordance with clause 23 of the agreement, this Court should intervene in the matter and refer the matter to the Arbitrator.

(3.) LEARNED counsel for the petitioner submits that in fact the petitioner had come to this Court in Request Case No, 23 of 2003 wherein he had prayed that all the disputes that were arising under different agreements but under the same tender documents be referred to the Arbitrator and as this Court found that such a consolidated matter was not acceptable, the petitioner was required to withdraw his claim in relation to the present matters and as the Court had referred the matter to the Arbitrator in relation to one agreement vide its order dated 27.2.2004 passed in Request Case No. 23 of 2003 all these cases are required to be referred to the same Arbitrator. It is further submitted that if these matters are not referred to the same arbitrator, the possibility of conflicting awards and duplication of evidence cannot be avoided. He submits that to avoid multiplicity of the litigation and inconvenience which is likely to be caused to the parties all these petitions be allowed and the matter be referred to the same Arbitrator who was appointed in Request Case No. 23 of 2003.