Vineet Kothari, J. - (1.) The present appeal is directed against the order dated 26.02.2013 passed by the learned Additional District Judge No. 1, Jodhpur Metropolitan in Civil Misc. 'A' Case No. 3/2009 - Devron Ascenda (P) Ltd. Vs. Jodhpur Vidhyut Vitran Nigam Ltd., rejecting the application under Sec. 34 of the Arbitration and Conciliation Act, 1996 of the claimant -appellant on the ground that Clause 23 of the Contract between the parties for executing certain works contract by the applicant for respondent -Jodhpur Vidhyut Vitran Nigam Limited for referring the dispute to the Standing Committee was not the Arbitration Clause, and therefore, the application under Sec. 34 of the Act of 1996, was not maintainable.
(2.) The relevant portion of the impugned order dated 26.02.2013 of the learned court below is quoted below for ready reference: - - JUDGEMENT_14_LAWS(RAJ)1_2016.jpg JUDGEMENT_14_LAWS(RAJ)1_20161.jpg
(3.) Learned counsel for the appellant -claimant, Mr. Dinesh Mehta fairly submitted that in view of the recent judgments of this Court, similar clauses in the contracts have been held to be not amounting to any arbitration agreement between the parties, and therefore, the impugned order of the learned Additional District Judge No. 1, Jodhpur cannot be successfully challenged. However, he urged that in view of the earlier judgments of this Court, while similar clauses were held to be arbitration agreement between the parties, the appellant was pursuing this remedy under Sec. 34 of the Act against rejection of his claim petition rightly, and therefore, the claimant could not assail the rejection of his claim by the Standing Committee by either filing civil suit or by invoking the writ jurisdiction.;