AMRENDRA KUMAR Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This application has been filed under Section 11(6) of the Arbitration and Conciliation Act, 1996 for appointment of an Arbitrator in order to adjudicate the dispute between the petitioner and the respondent-State in regard to the claim of payment which the petitioner has raised due to execution of the work of civil construction for which all work order was issued to the petitioner by the Minor Irrigation Department, Dumka.

(2.) It appears that the petitioner in response to an advertisement published by the Executive Engineer, Minor Irrigation Division, Dumka, submited his tender papers for construction of Neem Bani No. 1 Scheme (Earthen Dam) within Raneshwar Block, Dumka District for a sum of Rs. 5,68,289/-. The petitioner succeeded in securing the contract for execution of this work for which he also deposited the earnest money and thereafter an agreement for this purpose had also been executed between the parties. One of the Clause in the Agreement vide Clause 23 stipulated that in the event of existence of a dispute between the parties in relation to the execution of the work, an Arbitrator would be appointed by the respondents, who would be the Superintending Engineer of the Circle and the award passed by the said Arbitrator shall be final.

(3.) The petitioner duly executed the work in pursuance to the contract and also received the entire payment but he claimed further amount and contended that he had not been paid towards full and final claim, which eventually resulted into the emergence of a dispute between the petitioner and the respondents.