M.Y.EQBAL, J. - (1.) HEARD Mr. Naresh Prasad Singh, learned counsel appearing on behalf of the petitioner on the question of maintainability of this application.
(2.) THE instant application has been filed purported to be under Section 34, read with Section 42(2)(e) of the Arbitration and Conciliation Act, 1996 (in short the 'said Act') for setting aside the award dated 15.3.2004 passed by the Managing Director, Jharkhand State Housing Board, Ranchi in compliance of the order passed by this Court in a writ petition. Petitioner's case is that he was allotted a Middle Income Group (MIG) house with a piece of land by the Bihar State Housing Board, Patna in the year 1983 at a price of Rs. 82,000/ -. He deposited the initial money and entered into a registered agreement with the Housing Board in 1986 and, thereafter, regularly paid installments as per the agreement. It is stated that in -spite of payment of Rs. 1,40,015.00 the Housing Board raised further demand of Rs. 84,931.00. The petitioner challenged the said demand notice dated 12.5.2003 before respondent No. 2, the Managing Director, Jharkhand State Housing Board by his representations dated 2.6.2003 and 12.9.2003 and when nothing was done the petitioner challenged the said demand notice before this Court by filing a writ petition being W.P.C. No. 5870 of 2003. The learned Single Judge, after hearing the parties disposed of the said writ petition on 4.12.2003 by referring the matter to the Managing Director of the respondents -Housing Board in terms of Clause 25 of the Hire Purchase Agreement for passing appropriate order. The Managing Director of the Housing Board, in terms of order dated 15.3.2004 held that the petitioner is liable to pay the amount so demanded by the Board. The petitioner challenged the said order of the Managing Director in the instant petition under Section 34 read with Section 42 of the said Act.
(3.) LEARNED counsel appearing on behalf of the petitioner submitted that since the dispute raised by the petitioner was referred by this Court to the Managing Director of the Board as per Clause (25) of the Hire Purchase Agreement the order Impugned is an award and, therefore, application under Section 34 of the said Act, is maintainable before this Court for setting aside the award.;