- (1.) We have heard learned counsel appearing for the parties.
(2.) The delay, in filing this Special Appeal, has been sufficiently explained, and is accordingly condoned. The delay condonation application is allowed.
(3.) By the Special Appeal, the State of Rajasthan has changed the judgment and order passed by learned Single Judge dated 03.04.2014, by which he has treated Clause 23 of the agreement/contract entered into between the parties as an arbitration clause, and while referring the matter to the Standing Committee to adjudicate the matter as per the provisions of the Arbitration and Conciliation Act, 1996 (for short, "Act of 1996"), directed that in case the Administrative Secretary or the Finance Secretary, who were instrumental and were associated in passing the orders for recovery of the amount, which was paid as price escalation for the delayed period to the respondents, the matter would be referred to sole arbitrator Hon'ble Mr.Justice Sunil Kumar Garg (Retired), Rajasthan High Court, and that the petitioners, in the meanwhile, would be at liberty to take resort to section 9 of the Act of 1996, or if the dispute is referred to the arbitration, then to make application under Section 17 of the Act of 1996 for interim protection.;