ANIL SHARMA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THE present interlocutory application has been preferred for modification of the order dated 14th October, 2011, passed in Arbitration Application No. 20 of 2010 whereby this Court, in exercise of powers under Section 11 (5) of Arbitration and Conciliation Act. 1996, has appointed Shri D.G.R. Patnaik, retired Judge of Jharkhand High Court as arbitrator.

(2.) COUNSEL for the applicant submitted that Shri D.G.R. Patnaik is already holding the post of Chairman. Labour Tribunal, Ranchi and therefore, he should not have been appointed as the arbitrator. Moreover, as per some guideline of the standard bidding document, especially Clause Nos. 24(I) and 25(i) for Pradhan Mantri Gram Sadak Yojna in case of dispute the parties should approach the Dispute Redressal Forum for redressal of the dispute and therefore also order dated 14th October, 2011. passed in Arbitration Application No. 20 of 2010 needs modification.

(3.) IN view of the aforesaid clause, this Court has rightly passed the order dated 14th October, 2011 in Arbitration Application No. 20 of 2010 appointing Hon'ble Mr. Justice D.G.R. Patnaik, a retired Judge of Jharkhand High Court, as' the arbitrator and no error has been committed by this Court in passing the order for appointment of the arbitrator in exercise of powers under Section 11 (6) of Arbitration and Conciliation Act. 1996.