ANKIT CONSTRUCTION Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) INSTANT application has been filed u/S. 11 of the Arbitration & Conciliation Act, 1996 for appointment of Arbitrator.

(2.) THE applicant is a proprietorship firm, engaged in construction and contract business, as alleged in the petition. The respondents invited NIT No. 128/2010 -11 for construction of RCC Tanka including filtration Pit, providing, laying and jointing PVC pipe and O&M for three years in Panchayat Samiti Srinagar and Pisangan under Rain Water Harvesting Structure in Gram Panchayat Saradhana & Sandriya of Panchayat Samiti Pisangan, Srinagar, District Ajmer and the applicant submitted tender for the said work and being found eligible, the work contract was awarded to him. It is not disputed that a contract agreement executed between the parties contain arbitration Cl. 23 to resolve arbitral dispute, if arises out of the terms & conditions of contract agreement. For ready reference, Cl. 23 is reproduced ad infra: -

(3.) REPLY to the application has been filed by the respondents and it has been averred that the application which was filed by the applicant at one stage u/S. 9 of the Arbitration & Conciliation Act, 1996 was rejected by the ld. Trial Court. However, in the additional affidavit, a letter has been placed on record as Ann. R/5 dt. 11.12.2012 wherein the Executive Engineer has sent the matter to the Superintending Engineer, in terms of Cl. 23 of the Contract Agreement but neither copy thereof was endorsed to the applicant nor any active steps were taken by the Standing Empowered Committee, pursuant thereto. However, thereafter meeting of Standing Empowered Committee was held on 25.03.2014 that too without notice to the applicant which is much after filing of the present application by the applicant invoking S. 11(6) of the Act, 1996 for appointment of independent Arbitrator.