- (1.) Heard.
(2.) Clause 42 of the agreement provides thus :- "If any question, difference or objection whatsoever shall arise in any way in connection with or arising out of this contract or the meaning of operation of any part thereof or the rights, duties or liabilities of either party, then save in so far as decision of any such matter as herein before provided for and been so decided, every such matter constituting a total clam of Rs. 50,000/- or above, whether its decision 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 a results of such termination shall be referred for decision to the empowered Standing Committee which would consist of the following :- (i) Executive Director, RSMDC (ii) Financial Advisor, RSMDC (iii) Chief Mining Engineer, RSMDC (iv) Advisor (Law), RSMDC (v) Project Manager (Contract) Member Secretary. For this purpose, the Contractor shall refer the dispute to the Committee alongwith the non refundable fee of 2% of the amount in dispute, for covering expenses etc. of the Committee." (Emphasis supplied)
(3.) Undeniably the applicant contractor did not refer the dispute to the committee alongwith a non refundable fee of 2% of the amount in dispute, therefore, no case for appointment of Sole Arbitrator is made out.;