- (1.) The applicant has approached this Court by filing instant arbitration application u/S.11 of the Arbitration And Conciliation Act, 1996 (Act, 1996) for appointment of Arbitrator.
(2.) It is not in dispute that the Agreement with regard to Work Order No. PW/47/XEN(IV) was executed between the parties for supply, installation, testing, commissioning and O & M of sub-laterals for sewage and sullage connectivity in existing sewerage system (Property connection) including repairing of existing Manholes at Chowkri Ram Chandra Ji, Jaipur. The agreement contains Clause-23 regarding arbitration which provides that if there is any Arbitral Dispute arises from terms and conditions of the agreement could be referred to the Empowered Standing Committee for settlement. Clause-23 relevant reads ad infra- If any question, difference or objection, whatsoever shall arise in any way, in connection with or arising out of this instrument, or the meaning of operation of any part thereof, or the rights, duties or liabilities of either party then, save in so far, as the decision of any such matter, as herein before provided has been otherwise provided for and whether it has been finally decided accordingly, or whether the contract should be terminated, or has been rightly terminated, and as regards the rights or obligations of the parties, as the result of such termination, shall be referred for decision to the empowered standing committee which would consist of the following:- (i) Administrative Secretary concerned; (ii)Finance Secretary or his nominee not below the rank of Deputy Secretary and or Chief Accounts officer; (iii) Law Secretary or his nominee not below the rank of Joint Legal Remembrancer ; (iv) Chief Engineer-cum-Addl. Secretary of the concerned department; (v) Chief Engineer concerned (Member-Secretary)
(3.) The Engineer-in-charge on receipt of application along with non refundable prescribed fee (the fee would be two percent of the amount in dispute not exceeding Rs. One lac) from the contractor shall refer the disputes to the committee within a period of one month from the date of receipt of application. Procedure and Application for referring cases for settlement by the Standing Committee shall be as given in Form RPWA 90 .;