SHAHI CONSTRUCTION COMPANY Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD Sri Nand Kishore Singh for the petitioner and Sri Lalit Kishore, learned Additional Advocate General -III for the State of Bihar.

(2.) THE petitioner has filed the instant request case praying inter alia to appoint an arbitrator as the Superintending Engineer, the named arbitrator refused to proceed with the arbitration proceedings under his letter no. 421 dated 6.7.2005, annexure -2 on the ground that the arbitration clause 23 has already been deleted in terms of the resolution of the State Government dated 18.11.1992.

(3.) LEARNED counsel for the petitioner in reply has submitted that the deletion of clause 23 has not been authenticated by the parties although the agreement has been signed by the parties on every page but the deletion has not been counter signed by them which is contrary to the practice prevailing in the department as would appear from perusal of another agreement dated 21.7.2000, annexure 1 appended to the supplementary affidavit/ rejoinder in which the parties have not only signed on every page of the agreement but have also counter signed the deletion of arbitration clause 23 of the agreement. In order to resolve the controversy as to whether deletion of arbitration clause 23 was authenticated by the parties learned counsel for the petitioner was called upon to produce his copy of the agreement but he declined to produce the same on the ground that applicants copy of the agreement was never given to him when the agreement was signed by the applicant and the Executive Engineer. When this Court in order to verify the stand that applicants copy of the agreement was not given to the applicant soon after the same was signed asked the learned counsel for the applicant whether such statement that the copy of the agreement was not given to the applicant soon after signing of the agreement has been made in the main application then he could not refer to any such statement. In the circumstances, this Court proceeds on the footing that the copy of the agreement dated 22.11.2002, annexure B signed between the parties was given to the petitioner.