THE STATE OF BIHAR Vs. SURENDRA SINGH

JUDGEMENT

(1.) This writ petition filed by the State under Article-227 of the Constitution assailing the order dated 22.09.2012, as passed by the learned Sub Judge-I, Patna in Execution Case No.01 of 2010/11 of Patna High Court CWJC No.11026 of 2013 dated 21-02-2017 2011, whereby the Executing Court rejected the petition of the State of Bihar filed under Sec. 47 read with Sec. 151 of the Code of Civil Procedure (hereinafter in short as "CPC") for dismissal of the execution case filed for enforcement of Arbitral Award, on the ground of lack of jurisdiction of the Arbitrator to decide the matter and pass an award.

(2.) The primal question to be decided in this writ petition is whether the State having challenged the jurisdiction of the Arbitral Tribunal before the Arbitral Tribunal itself at the stage of reference of dispute to the Arbitral Tribunal and the Arbitral Tribunal having ruled against the State and in favour of its jurisdiction, State not having then challenged the award under Sec. 34 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the "Act") could, later at the stage of execution proceedings, raise any objection under Sec. 47 read with Sec. 151 of the CPC?

(3.) The facts are not in dispute. On 101.2007, notice inviting tender was issued by the Road Construction Department, Government of Bihar, for repair of part of NH-84, having a length of 14 kilometers between Brahmpur and Dumraon. The sole-respondent tendered, and being lowest, was selected and approval was granted at estimated cost of work of about Rs.5,89,16,985.00. The work had to be completed within six months i.e. by 18.09.2007, but the agreement Patna High Court CWJC No.11026 of 2013 dated 21-02-2017 itself, being Agreement No.02 of 2007, was executed on 10.07.2007. Agreement is Annexure-3 to the writ petition. The said agreement contained an arbitration clause, which is quoted hereunder: