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Rajasthan High Court · body

2014 DIGILAW 2053 (RAJ)

Bhanwari Devi v. Rajasthan State Road Transport Corporation

2014-12-09

SANGEET LODHA

body2014
JUDGMENT 1. - By way of these writ petitions, the petitioners have questioned the process initiated by the respondent-Rajasthan State Road Transport Corporation (RSRTC) by issuing Notice Inviting Tender (NIT) afresh, for allotment of disputed shops situated at Bus Stand, Nagaur occupied by the petitioners under the license issued in their favour. 2. Learned counsels appearing for the RSRTC have raised a preliminary objection questioning the maintainability of the petitions on the ground that in terms of clause 37 of the License issued in favour of the petitioners, all disputes in relation to the license and the interpretation of the terms and conditions incorporated therein are required to be referred for sole arbitration to the Chairman, RSRTC or the officer authorised by him and therefore, the petitioners cannot be permitted to invoke the extra ordinary jurisdiction of this court under Article 226 of the Constitution of India. Learned counsel submitted that the period of the petitioners' licenses having been expired, the petitioners have no right to retain possession of the premises. 3. Learned counsel appearing for the petitioners submitted that in view of the arbitration clause contained in the license issued in favour of the petitioners, the dispute may be referred for adjudication to the Sole Arbitrator but then, pending adjudication of the dispute by the Sole Arbitrator, the interim order passed by this court directing the respondents to maintain the status quo in respect of the disputed shops may be continued. 4. The limited prayer made on behalf of the petitioners as aforesaid is not opposed by the counsels appearing on behalf of the respondent-RSRTC. 5. Indisputably, the rights and obligation of the parties are governed by the terms and conditions set out in the license issued. 4. The limited prayer made on behalf of the petitioners as aforesaid is not opposed by the counsels appearing on behalf of the respondent-RSRTC. 5. Indisputably, the rights and obligation of the parties are governed by the terms and conditions set out in the license issued. It is to be noticed that the Clause 37 of the license contains an arbitration clause, which reads as under: " leLr fookn] iz'u ,oa erHksn ykbZlsUl ds laca/k esa vFkok mldh 'krksZa dk vlj] O;k[;k ds laca/k esa mRiUu gksus dh fLFkfr esa fuxe v/;{k vFkok muds }kjk izkf/kd`r vf/kdkjh dks e/;LFkk ds fy, Hkstk tkosxkA ,dy e/;LFk }kjk ikfjr iapkV bl ckjs esa vafre gksxk vkSj nksuksa i{kdkjku ij ck/;dkjh gksxk vkSj e/;LFkrk ,oa lqyg vf/kfu;e] 1996 ds izko/kku e/;LFkrk dh dk;Zokgh ij ykxw gksaxsA ykbZlsUl/kkjh iap fu.kkZ;d ds le{k izLrqr fd;s fcuk fdlh Hkh U;k;ky; esa okn ugha yk ldsxk rFkk flfoy U;k;ky; dks bldks lquus dk {ks=kf/kdkj ugha gksxkA " 6. A bare perusal of the arbitration clause makes it abundantly clear that all disputes questions and differences in relation to the license and the effect and interpretation of the conditions thereof are required to be referred to sole arbitration of the Chairman of RSRTC or the officer authorised by him. The arbitration proceedings are specifically made subject to the provisions to the Arbitration and Conciliation Act, 1996( for short "the Act of 1996"). In this view of the matter, if according to the petitioners, they are entitled for further extension of the term of license or there is any breach of the terms and conditions agreed upon between the parties, it is always open for them to invoke the arbitration clause for reference of the dispute for adjudication to the Sole Arbitrator. 7. In the considered opinion of this court, the present petitions does not suggest any special feature so as to permit the petitioners to invoke the extra ordinary jurisdiction of this court under Article 226 of the Constitution of India for adjudication of the dispute regarding the enforcement of contractual rights and obligations arising from the agreement between the parties, by passing the remedy of reference of the dispute to the arbitration available under clause 37 of the license noticed as above. 8. 8. In the result, the writ petitions are disposed of with the directions that the petitioners may avail the remedy of reference of the dispute to the arbitration within a period of one month from today. The dispute referred shall be decided by the Sole Arbitrator in terms of the arbitration clause contained in the license within a period of three months thereafter. Pending adjudication of the dispute by the Sole Arbitrator, interim order passed by this court in favour of the petitioners to maintain the status quo in respect of the premises in question, shall remain operative. No order as to costs.Petition Disposed of. *******