WAGAD CONSTRUCTION CO Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) HEARD.

(2.) IN the instant application the applicant has prayed for appointment of independent arbitrator. The grievance of the applicant is that clause 23 of the agreement executed between the parties provided for settlement of dispute by arbitrator. The applicant in accordance with clause 23 submitted an application dated July 9, 2004 for reference of his claim for adjudication to the standing committee but the respondent No. 3 returned the original papers stating that the claims appeared to be after thought.

(3.) IN my opinion since the respondents have failed to act in accordance with the agreed procedure provided in clause 23 of the agreement, the appointment of independent arbitrator as required in Section 11 of the Arbitration and Conciliation Act, 1996 is necessary.