M.Y.Eqbal, J. - (1.) Heard Mr. S.J. Roy, learned Counsel for the petitioner and Mrs. Ritu Kumar, learned Counsel for the respondents. This is an application under Section 11(6)(a) of the Arbitration and Conciliation Act, 1996 wherein a prayer has been made for appointment of an independent arbitrator for reference of dispute for adjudication.
(2.) The petitioner's case, inter alia, is that he was awarded a contract work by the Superintending Engineer, Road Construction Department, Road Circle, Ranchi and an agreement was entered into between the parties being Agreement No. 2452 of 1989-90 and contract was for widening and strengthening of K.T.K. Road. The petitioner completed the major portion of the work but due to shortage of bitumen and road roller, which was to be supplied by the Road Construction Department, he could not finish his work. The Department failed to supply materials and other requirements in spite of reminders an ultimately the petitioner was forged to stop the work. The petitioner said to have reminded up to October 1994. It is stated that final measurement of the work was taken in the month of November to December 1994 only but the respondents failed to make payment and deleted some of the claims of the petitioner. The petitioner objected to the said deletion made by the Executive Engineer. However, the Department informed the petitioner that matter of objection was under consideration, vide letter dated 10/12/1996 and 13/12/1997. The petitioner thereafter came to know from the lettendated 16/7/1998 and 16/2/1999 that the Department has not solved the dispute.
(3.) A counter-affidavit has been filed by the respondents stating, inter alia, that.clause 23 of the Agreement was deleted by the respondents, vide, letter dated 18-11-1992 and as such, there is no question of appointment of Arbitrator. It is further stated that as per Clause 32(1)(c) of the Agreement, the claim is not admissible for short supply and/or no supply and/or delay is supply of departmental materials and/or equipment. Various other facts have been stated in the counter-affidavit.;