SHAMBHU SHARMA Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE petitioner approached this Court by filing an application to the Chief Justice for the appointment of an "independent/impartial Arbitrator" for an amicable settlement of the dispute between both the parties under Section 11 (6) of the arbitration and Conciliation Act 1996 (the act, for brevity ). The names of two retired district Judges were also suggested for appointment as Arbitrator settlement of the disputes between the parties. The petitioner entered into agreements with the second respondent-Executive Engineer, Building construction Department, Government of bihar - for the execution of three works. The agreements were executed in Form F2 as prescribed by the Public Works Department.

(2.) IT is the case of the petitioner that clause 23 of the agreement provides for arbitration, which reads as follows :

(3.) WHEN the matter was listed before the designated Judge, having felt the need to refer the matter to a Division Bench, by order dated 28-8-2008, the matter was referred to the Division Bench with the following reasons :