- (1.) The Petitioner has sought appointment of an arbitrator in respect of disputes arising out of an agreement executed between the parties.
(2.) The work for construction of road from Singhapura to Gahlewala up to Punjab Border was allotted to the Petitioner on 13.06.2002. Thereafter, an agreement in this respect was executed between the parties. The Petitioner completed the work on 10.10.2004. The Petitioner requested for the final payment for which request was made by the Petitioner on 20.09.2005. The Petitioner was informed to attend the office of the Executive Engineer so as to give rebate for maintaining allotted excess work, so that the final bill can be reviewed. The Petitioner resisted such communication. The Petitioner was not ready and willing to give rebate as sought by the Executive Engineer. Therefore, the Petitioner sent a communication on 18.05.2006 for an early payment. Thereafter, the Petitioner was paid amount on 20.07.2006 after deducting amount in respect of which the Executive Engineer had sought rebate from the Petitioner. It is, thereafter, vide communication dated 16.08.2007, the Petitioner had sought resolution of the disputes by an arbitrator in terms of the contract agreement.
(3.) In information sought under the Right to Information Act, 2005, the Petitioner was informed that the arbitrator is not being appointed since the claim of the Petitioner is time barred. Subsequently, the Petitioner filed an application before the learned District Judge, Sirsa for appointment of an arbitrator. Such petition was dismissed on 10.08.2009 for the reason that the application for filing of arbitration is beyond the period of limitation, which is 180 days from the date of making of final payment. It is, thereafter, the Petitioner after withdrawing the revision petition filed against the order passed by the learned District Judge, with liberty to move an appropriate application before the Hon'ble Chief Justice, filed the present petition before this Court.;