Mohammad Rafiq, J. - (1.) This application has been filed by M/s. Subhash Infraengineers Private Ltd. with a prayer for appointment of an adjudicator in place of Shri R.D. Sharma, retired Chief Engineer, Irrigation, who expired on 22.8.2013.
(2.) It is noted that Shri R.D. Sharma was appointed as Adjudicator in terms of arbitration agreement between the parties by order of this Court dated 3.5.2012 passed in S.B. Arbitration Appl. No. 57/2011, M/s. Subhash Chander & Company v. State of Rajasthan and anr .
(3.) Facts of the case are that on 11.11.2003, an agreement was executed between the parties for Rehabilitation of Left Main Canal and its distribution system of Gudha Irrigation Project, Bundi (Raj.). Certain disputes were raised regarding the remaining payment with interest. The applicant applied to the non applicants for referring the matter to the Adjudicator in terms of Clause 24.1 of the Agreement and Shri O.P. Saxena was appointed as Adjudicator, who by letter dated 10.10.2008 refused to adjudicate the matter, which was conveyed by the non-applicants to the applicant vide letter dated 14.10.2008. The applicant then made a request to the non-applicants to make payment of the outstanding claim and gave reference of the letter of the Chief Engineer, Water Resources Zone, Kota dated 3.2.2009 vide which directions had been given for making payment, but the non-applicants gave no response to the same. Thereafter, the applicant gave a legal notice to the respondents on 29.10.2010 for appointment of Arbitrator. In those facts, this Court by aforesaid order dated 3.5.2012 appointed Shri R.D. Sharma, Retired Chief Engineer, Irrigation Department, R/o C-49, Jamna Nagar, Sodala, Jaipur as an Adjudicator to adjudicate the dispute, but unfortunately Shri R.D. Sharma expired and hence this present application has been filed.;