- (1.) THE present interlocutory application has been preferred for modification of the order dated 14th October, 2011, passed in Arbitration Application No. 20 of 2010 whereby this Court, in exercise of powers under Section 11 (5) of Arbitration and Conciliation Act. 1996, has appointed Shri D.G.R. Patnaik, retired Judge of Jharkhand High Court as arbitrator.
(2.) COUNSEL for the applicant submitted that Shri D.G.R. Patnaik is already holding the post of Chairman. Labour Tribunal, Ranchi and therefore, he should not have been appointed as the arbitrator. Moreover, as per some guideline of the standard bidding document, especially Clause Nos. 24(I) and 25(i) for Pradhan Mantri Gram Sadak Yojna in case of dispute the parties should approach the Dispute Redressal Forum for redressal of the dispute and therefore also order dated 14th October, 2011. passed in Arbitration Application No. 20 of 2010 needs modification. Counsel for the respondent, who is the applicant in this interlocutory application submitted that agreement entered into between the present respondent. i.e. the State of Jharkhand and the applicant of the present arbitration application is at Annexure 1 to the A.A. No. 20 of 2010. The Clause No. 23 of the said agreement which is known as arbitration clause, reads as under : "Clause 23 : - In case any dispute or difference shall' arise between the parties or either of there upon any question relating to the meaning of the specifications, designs, drawings and instructions here before mentioned or as to the quality of workmanship or materials used on the work or as to the construction of any of the conditions or any clause or thing there in contained or as to any question claim, rights of the parties, or any matter, or things whatsoever in any way arising out of or relating to the contract designs, drawings specifications estimates instruction order of these conditions or otherwise concerning the work or the execution. or failure to execute the same whether arising during the progress of work of alter the completion or abondmen thereof or as the breach of those contract then either party shall forthwith give to the order notice of such dispute or difference and such dispute or difference shall be referred to the Superintending Engineer of the circle and his decision there on shall be final, conclusive and binding on the parties.
(3.) IN view of the aforesaid clause, this Court has rightly passed the order dated 14th October, 2011 in Arbitration Application No. 20 of 2010 appointing Hon'ble Mr. Justice D.G.R. Patnaik, a retired Judge of Jharkhand High Court, as' the arbitrator and no error has been committed by this Court in passing the order for appointment of the arbitrator in exercise of powers under Section 11 (6) of Arbitration and Conciliation Act. 1996.;