SACHDEVA METAL WORKS Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) HEARD learned counsel for the parties.

(2.) THIS is an arbitration application filed by the applicant for appointment of Arbitrator with respect to the disputes arising out the rate contract agreement dated 2.8.2008 (Annexure A/1) entered between the applicant and the non-applicants which contains clause no.7 for deciding the disputes by the Chief Engineer (H.Q.) PHED, Rajasthan, Jaipur.

(3.) HAVING considered the submissions of the parties, this Court is of the view that since the Chief Engineer (HQ) PHED Rajasthan, Jaipur has not decided the dispute and has simply denied the same, therefore, he is disqualified. Otherwise also, the right of the non-applicants to refer the matter to the Chief Engineer (HQ) PHED Rajasthan, Jaipur is forfeited on account of the fact that the matter has not been referred to the named arbitrator till the date of filing of the present arbitration application i.e. 8.3.2011, therefore, I deem it proper to appoint independent Arbitrator to resolve the dispute between the parties.