SEEMA ENGINEERING & CONSTRUCTION WORKS Vs. HEC

JUDGEMENT

(1.) IN this petition, the petitioner has prayed for setting aside the order dated 18.4.2012 passed by learned Sub -Judge -IV, Sr. Division, Bokaro, whereby learned court below has allowed the defendants' petition for referring the matter to the Arbitrator under Clause 78(i) of the general condition of contract. The petitioner was the plaintiff in Money Suit No. 5 of 2006, pending before learned Sub -Judge -IV, Sr. Division, Bokaro. After about six years, at the advance stage of the suit, the defendants filed a petition under Section 8(1) (sic) of the Arbitration & Conciliation Act, 1996 praying for reference of the matter to the Arbitrator in terms of Clause 78(i) of the general condition of contract.

(2.) THE plaintiff opposed the petition stating, inter alia, that the petition has been filed belatedly praying for invoking of Clause 78(i) of the general condition of contract, though the copy of the general condition was not given to the petitioner.

(3.) THE impugned order has been challenged on the ground that the copy of the general conditions of contract was not given to the plaintiff and, as such, at this stage the said condition cannot be imposed.