(1.) COUNSEL appearing for the petitioner submitted that in pursuance of clause no. 22 of the agreement between the parties, the arbitration ought to have been initiated by the Superintending Engineer. This has not been started and therefore, the present application has been preferred.
(2.) COUNSEL appearing for the respondents submitted that there is no arbitration clause and therefore, the matter deserves to be dismissed.
(3.) IT has been held by the Division Bench of this Court in the case of M/s Sharda Construction Vs. The State of Jharkhand & Ors. reported in 2005(1) JLJR 162 especially in paragraph nos. 8, 19 and 20, which read as under: