Aparesh Kumar Singh, J. - (1.) Heard learned counsel for the petitioner and the State.
(2.) Petitioner sought reference of the dispute arising out of Agreement No. 2F2 of 2007-08 executed between the parties for construction of residual work of Earthen Dam from 0.00 M to 2150M under Garhi Reservoir Scheme in Tandwa Block under District Chatra to an independent Arbitrator. Notice for appointment of an Arbitrator was issued on 09.09.2017 addressed to the Superintending Engineer, Water Ways Circle, Hazaribag (Annexure-13) containing the detail description of the contentious issue between the parties which has gave rise to an arbitable dispute fit for being referred for adjudication by way of an arbitration proceeding under Clause 23 of the agreement. The agreement is at Annexure-1. At page 48 of the said agreement, clause 23 has been struck off in pen. Endorsement has been made by the side to the effect that it has been deleted, by the Executive Engineer, Investigation and Project Preparation Division, Hazaribag with whom the agreement was executed by the Contractor.
(3.) Respondent State in its counter affidavit have taken a specific legal plea at para 30 that clause 23 has been deleted in the said agreement, which is duly signed by the petitioner as well the Executive Engineer on the day of signing of the agreement. The arbitration clause was deleted vide gazette notification dated 13.11.1992 bearing no. 6113(s) issued by the erstwhile State of Bihar and stood adopted by the State of Jharkhand after its creation. Other grounds on merit have also been made citing different clauses of the agreement.;