PRABHU NARAIN Vs. RAJASTHAN HOUSING BOARD

JUDGEMENT

(1.) HEARD learned counsel for the parties.

(2.) THE applicant was awarded construction work of 'Traffic Island at joining Durgapura to Shiprapath Mansarovar, Jaipur under the work agreement No.34/2007-08 for which work order no.850 dated 5th October, 2007 was issued. However, the work could not be commenced on account of dispute between the parties. Invoking the provisions of Clause 23 of the conditions of the agreement, the applicant vide his letter dated 15th April, 2010 submitted his claims in the prescribed format for constitution and referring the same to the Empowered Standing Committee and also deposited a cheque of Rs.22,000/- towards the requisite 2% fee but the non-applicants did not refer the dispute to the Empowered Standing Committee. Hence, the applicant has filed the present arbitration application under Section 11 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.