INDER SINGH JADON Vs. RAJASTHAN HOUSING BOARD

JUDGEMENT

(1.) HEARD learned counsel for the parties.

(2.) BRIEFLY, stated the facts of the case are that pursuant to the NIT for construction of 1 Type B and 1 Type D building at NRI Housing at Sector 24, Pratap Nagar, Sanganer, Jaipur the applicant company submitted its tender and being the lowest the same was accepted and acceptance letter No.137 dated 24.7.2004 was issued to it and work order No.466/2004-05 dated 24.7.2004 was issued in favour of the applicant company. Agreement bearing No.68/2004-2005 dated 30.9.2004 was also executed between the parties which contains arbitration clause 23 for referring the dispute for adjudication to the Empowered Standing Committee. As per the case of the applicant, when the non-applicants withheld payment and created disputes in the signed agreement the applicant exercising clause 23 of the agreement, on 20.6.2009 submitted its claim in prescribed format with the requisite fee and requested to non-applicant no.3 for referring the dispute to the Empowered Standing Committee. The respondents constituted the committee. On 8.10.2009 the proprietor of the applicant appeared before the committee so constituted by the non-applicants and submitted his objections (Annexure-7) with regard to constitution of the Committee as the same was not constituted as per clause 23 of the agreement. The further case of the applicant is to this effect that since the non-applicants have failed to constitute the committee as per clause 23 of the agreement, it is entitled to get the matter adjudicated by an independent arbitrator. Therefore, the applicant has filed the present application under Section 11(6) of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as 'the Act of 1996').

(3.) I have gone through the material available on the record of the case and further considered the rival submissions.