VINOD KUMAR NARAIN SINHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD Sri Abhay Kumar Singh, Senior Advocate for the petitioner and Sri Anshuman Singh, J.C. to AAG III for the Respondent Executive Engineer.

(2.) PETITIONER is a works contractor. He entered into 22 agreements with the Respondent Executive Engineer for execution of works contract, details whereof are given in paragraph 2 of the application, but copies of only 21 of those agreements have been annexed with this application.

(3.) LEARNED counsel for the Respondent Executive Engineer has opposed the prayer with reference to the averments made in the counter affidavit as also the supplementary counter affidavit. It has been stated on behalf of the Executive Engineer that the arbitration clause contained clause 23 of the agreement stood deleted by virtue of resolution of the State Government dated 18.11.1992 published in the Official Gazette dated 23.11.1992, photocopy whereof is contained in Annexures A and B to the said counter affidavit. It is further submitted that in the light of the instructions contained in the photocopy of the aforesaid resolution of the State Government, clause 23 of the agreements executed between the parties was deleted while signing the contract and in support of the said statement, the Executive Engineer has annexed photocopy of the aforesaid 21 original agreements with the supplementary counter affidavit.