Anil Kumar Choudhary, J. - (1.) Heard the parties through video conferencing.
(2.) This appeal has been preferred by the appellant against the order dated 30.01.2015, passed in Arbitration Misc. Case No. 24 of 2008 by the Sub-Judge VIII, Ranchi in an application filed under section 34(2) of the Arbitration & Conciliation Act, 1996, confirming the Award dated 22.12.2007, passed by the sole Arbitrator.
(3.) The brief facts of the case is that a dispute has arisen between the parties regarding the work order issued to the respondents for extraction/breaking of coal/coal measure strata in slices/layers without resorting to drilling and blasting and then loading/transfer of broken materials into tipping trucks/dumpers, provided by appellant-management. One of the clauses mentioned in the tender was that there will be a pre-bid meeting with all tenderers after the last date of sale of tender document and before receipt of tender document i.e. on 29.06.2002. The work started from 24.11.2002 and agreement of contract between the parties was signed on 12th April, 2003. The respondent-claimant submitted an application to the Chairman-cum-Managing Director of the appellant raising a gross claim amount of Rs.4,32,87,864.40/- with a request to settle and decide the disputes and claim as detailed in the application, submitted under clause 31.1 of the general terms and conditions of the contract between the parties. The respondent thereafter filed an application under section 11(6) of the Arbitration and Conciliation Act, 1996 vide Arbitration Application No. 38 of 2004 before this Court. During the pendency of the said application under section 11(6) of the Arbitration and Conciliation Act, 1996, the learned counsel for the appellant appearing in the said case intimated to the bench of the designated judge of this Court that Mr. S.K. Verma, Ex-CMD has already been appointed as sole Arbitrator. In the order dated 09.02.2005, passed by a coordinate Bench of this Court -being the Judge designated to entertain the application under section 11(6) of the Arbitration and Conciliation Act, 1996, it has been observed by the said bench that before filing the said application under section 11(6) of the Arbitration and Conciliation Act, 1996, the respondent herein in this appeal served a notice dated 27.01.2004 to the Chairman-cum-Managing Director of the CCL, Ranchi for deciding the dispute but nothing was done and only after expiry of about 10 months, the respondent of this appeal filed the said application under section 11(6) of the Arbitration and Conciliation Act, 1996. During the course of argument of the said application under section 11(6) of the Arbitration and Conciliation Act, 1996, both the counsel for the parties agreed to appoint Mr. M.A. Ubaid, Ex-CMD, CCL, Ranchi as Arbitrator and accordingly the said Mr. M.A. Ubaid, Ex-CMD, CCL, Ranchi was appointed as the sole Arbitrator vide the said order dated 09.02.2005.;