- (1.) By way of this writ petition, the petitioners-defendants have implored to set-aside the orders dated 21st October, 2009 and 28th October, 2009 rendered by Civil Judge (Junior Division), First Class, Deeg District Bharatpur, whereby the learned Civil Judge has referred the dispute for settlement to mediation.
(2.) Having considered the submissions made by the learned Counsel for the petitioners and carefully perused the impugned orders and relevant material on record, it is noticed that the petitioners-defendants and the plaintiff- respondent No. 2 entered into an agreement for construction of work Nonera Link (Flood) drain chain 0 to 412 Tehsil Kaman, District Bharatpur. Clause 23 of the Contract Agreement reveals that in the event of there being a dispute between the parties, the matter shall be referred to the Empowered Standing Committee. Pursuant to this agreement, the work order was given to the Contractor-respondent No. 2, who did not complete the construction work within the prescribed time causing heavy loss to the petitioners-defendants. When the petitioners-defendants initiated proceedings against the plaintiff-respondent No. 2, he filed a civil suit for perpetual and mandatory injunction before the Court. The learned trial court, keeping in view the nature of dispute, referred the same to the mediation.
(3.) Learned Counsel for the petitioners canvassed that as per clause 23 of the contract agreement, the dispute ought to have been referred to the Empowered Standing Committee, but the learned trial court has arbitrarily invoked the provisions under Section 89 of CPC and referred the matter to mediation.;