- (1.) The present application has been filed by the applicant which is a registered partnership firm to appoint the Arbitrator under Section 11 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as 'the said Act') in respect of the disputes which have arisen under the contract of construction awarded to the applicant by the respondents for the construction of Railway Over Bridge approach in KM 64-65 on NH 11 Agra-Jaipur Road on 29/10/1998.
(2.) In the instant case, it appears that earlier the disputes between the parties were referred to the Arbitrator i.e. Empowered Standing Committee in view of Arbitration Clause No.23 contained in the agreement No.24/1998-99. The said Committee passed the award on 6/10/2005, against which the applicant had filed the objection application under Section 34 of the said Act before the Additional District Judge No.3, Jaipur City, Jaipur. The said objection application was allowed by the learned Additional District Judge No.3, Jaipur City, Jaipur vide order dated 28/7/2010 by which the award dated 6/10/2005 was set aside. It appears that the respondents-State Government had preferred the S.B. Civil Misc. Appeal No.1189/2011 against the said order, however the said appeal was dismissed by this Court vide order dated 26/3/2014.
(3.) It is submitted by the learned counsel for the applicant that the award made by the Empowered Standing Committee having been set aside by the concerned Court under Section 34 of the said Act, and the said order having become final, the applicant was entitled to have the appointment of an independent arbitrator, however the respondents having not appointed the Arbitrator, the applicant has approached this Court by way of present application. He also submitted that in similar case of the applicant, this Court had appointed the Arbitrator, after the award having been set aside by the competent Court. However, the learned Deputy Govt. Counsel Mr. A.S. Khangarot for the respondents has submitted that the order dated 26/3/2014 passed by this Court has already been challenged by the respondents before the Supreme Court, and therefore the appointment of Arbitrator may not be made.;