Bhoorathnom Construction Company Pvt. Ltd. v. State Govt. Of Rajasthan, Thr. Secretary Local Self Government Department
2019-05-03
ALOK SHARMA
body2019
DigiLaw.ai
JUDGMENT 1. Counsel for the parties agree that the valid agreement dated 17.7.2009 in respect of Karauli Drinking Water Distribution Network and Misc. Work was executed between the applicant and the non-applicantRajasthan Urban Infrastructure Development Project (RUIDP) through authorized officer on 17.07.2009. They also agree that clause 24 thereof provides for appointment of arbitrator for adjudication of disputes in regard to and relating to the agreement dated 17.7.2009. 2. Mr. Sameer Jain counsel for the applicant submitted that disputes qua the agreement dated 17.7.2009 have arisen where the applicant inter alia claims price escalation for work executed with delay for reasons attributable to RUIDP. He submits that the applicant also claims certain due payments for Misc. work and not paid for, as also damages for breach of contract by the non applicant. Further recovery of amount of bank guarantee encashed wrongly by the non-applicant towards purported liquidated damages is also sought from the non-applicant. 3. Mr. A.K. Pareek counsel for the non-applicant respondent submitted that it was the applicant which was in breach of its obligation to complete the project assigned under the agreement dated 17.7.2009 within the contractual time period. From submission of counsel disputes relating to and arising from the agreement dated 17.07.2009 have arisen. Such disputes are arbitrable under clause 24 thereof. 4. In this view of the matter, counsel for the parties agrees, that Hon. Mr. Justice Prashant Kumar Agarwal, retired Judge of this Court to be appointed as sole Arbitrator to adjudicate the disputes relating to and arising out of the agreement dated 17.7.2009. 5. Consequently, this arbitration application under Section 11(6) of the Act of 1996 deserves to be allowed. It is accordingly so. Hon. Mr. Justice Prashant Kumar Agarwal, retired Judge of this Court is appointed as sole Arbitrator to adjudicate all disputes/ differences between the parties relating to and arising out of the agreement dated 17.7.2009. The Arbitrator shall if warranted make requisite disclosure under Section 11(1) of the Act of 1996. Payment of the cost of Arbitration proceedings and arbitration fee shall be made as per the fourth schedule of the Act of 1996 as amended from time to time and so computed as directed by the Arbitrator. 6. A copy of this order be communicated to Honble Mr.
Payment of the cost of Arbitration proceedings and arbitration fee shall be made as per the fourth schedule of the Act of 1996 as amended from time to time and so computed as directed by the Arbitrator. 6. A copy of this order be communicated to Honble Mr. Justice Prashant Kumar Agarwal for entering upon the reference and proceed thereon as per the Act of 1996 as amended from time to time and adjudicate all disputes / differences between the parties arising out of/ relating to the agreement dated 17.7.2009. 7. The application stands allowed accordingly.