Aparesh Kumar Singh, J. - (1.) Heard learned counsel for the parties.
(2.) Applicant has invoked the provisions of Section 11(6) of the Arbitration and Conciliation Act, 1996 for appointment of an independent Arbitrator in terms of Clause 8 of the Article of Agreement entered into with the Respondent Bank, Annexure-2 dated 12.3.2015. Under the agreement applicant was required to execute construction of RSETI building at Chas, Bokaro. Clause 8 of the agreement reads as under:- "Clause 8:- Any dispute arising under this agreement shall be dealt under arbitration clause of General Conditions of Contract".
(3.) It is not in dispute between the parties that the relevant provisions are contained in clause 24 and 25 of the General Conditions of Contract, which are part of Article of Agreement. Clause 24 and 25 are also quoted hereunder:- "Clause 24:- All works to be executed under the contract shall be executed under the direction and subject to the approval in all respects of the Zonal Manager of the Bank of India, BOKARO Zone for the time being, who shall be entitled to direct at what point or points and in what manner they are commenced and from time to time carried out". "Clause 25(1):-Except where otherwise specified in the contract and subject to the power delegated to him by Bank under the code rules then in force, the decision of the Zonal Manager, Bank of India , BOKARO Zone for the time being shall be final, conclusive and binding on all parties to the contract upon all questions relating to the meaning of the specifications, designs, drawings and instructions herein before mentioned and as to the quality of the workmanship or material used on the work or as to any other question, claim, right , matter or things whatsoever, in any way arising out of or relating to the contract designs, drawing , specifications, estimates, instructions, order of these conditions or otherwise concerning the works or the execution or failure to execute the same whether arising during the progress of the work or after the completion or abandonment thereof".;