MAHENDRA SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The applicant, a partnership firm registered as "AA" Class Contractor, undertook a work from respondent State on contract for "widening of (SHW-6) Bikaner-Delhi Road (3.60M to 7.00M) Km 120/0 to 132/0, 152/0 to 160/0 (20 Kms) (Job No.CRF-538-RJ-2007)". The work order dated 19.5.2007 was issued in favour of the applicant with condition to complete the work assigned upto 28.11.2007. As per the applicant the payment of work done was not made, therefore, some delay occurred in completion of the project, but the term was extended by the respondents from time to time. While undertaking the work in extended period a letter from respondent No.2 was received by the applicant withdrawing the work. A dispute as such arisen between the parties, thus, a notice dated 31.8.2009 was served upon the respondents for making a reference of the dispute to the standing committee as per clause 23 of the agreement. On being not making reference, the applicant preferred this application for appointment of independent arbitrator to adjudicate the dispute existing between the parties. The application was filed on 3.10.2009.

(2.) A reply to the application was filed by the respondents on 18.1.2011 stating therein that the applicant failed to commence work as per work order dated 19.5.2007, therefore, no payment was outstanding and whatever delay caused was due to applicant. As per the respondents notices were also given to the applicant to take immediate steps to have necessary progress in the work, but of no consequence. In reply to the application nothing is stated about referring the issue for adjudication to the standing committee as per clause 23 of the agreement.

(3.) An additional affidavit sworn-in by Shri Ganesha Ram, Executive Engineer, Public Works Department Division, Sardarsahar was subsequently filed on 3.2.2011 with a statement that as a matter of fact the dispute was referred to the standing committee and the standing committee has already answered the same under the award dated 23.11.2010, as such the instant application has become infructuous.