- (1.) This is an application for appointment of an arbitrator based on a noting purported to have been made by the then executive engineer on the letter dated 1st November, 2013 of the petitioner seeking extension of the time to complete the work. There is no dispute that the work order does not contain any arbitration clause. The respondent no.1 is a juristic entity. The executive engineer is an appointee from the State Government. The said executive engineer was on deputation. The terms and conditions of the tender are all settled by the Zilla Parishad. No one has any right to alter the terms of the agreement without the approval of the Zilla Parishad. The Sabhadhipati has filed an affidavit in which the Sabhadhipati has categorically stated that all tenders for work are invited on the basis the terms and conditions as incorporated therein and there is no arbitration clause in any of the tender of Howrah Zilla Parishad. The Sabhadhipati is the tender accepting authority prior to which it has to be passed upon acceptance of all members in a meeting.
(2.) The executive engineer in his affidavit has categorically stated that he has no power to alter the printed terms and conditions nor could agree for reference to arbitration. It is categorically stated that he has only approved the proposal for extension of time. Any alteration in the terms and conditions of the contract has to emanate from the Zilla Parishad under the guidelines of Sabhadhipati, Karmadhakshya and other office bearers, without them no amendment cannot be made by him. It is stated that the endorsement made in the letter is only in respect of extension of time which has been initially granted upto 30th June, 2014. The letter dated 1st September, 2014 is only a communication of the extension of work. The arbitration agreement was never agreed upon.
(3.) The petitioner has relied upon the endorsement made on behalf of the letter dated 1st November, 2013 issued by the executive engineer. In the letter dated 1st November, 2013, there is an endorsement purported to have been made by the executive engineer which reads as follows: "The proposal suggested by you in this letter is hereby accepted by me on behalf of the Howrah ZP. It is made clear that the balance work entrusted to you should be completed within eight months, i.e., within 30/06/14 " ;