ASSAM URBAN WATER SUPPLY AND SEWERAGE BOARD Vs. SUBHASH PROJECT AND MARKETING LTD

JUDGEMENT

(1.) These 2 (two) cases involve common questions of facts and law and, as such, these are taken up together for hearing today and, accordingly, the same are finally disposed of with the following judgment and order.

(2.) The common judgment and order passed by the Hon'ble the Chief Justice of this Court on 26.3.2002 in Arbitration Petition Nos. 4/2002 and 5/2002 is the subject matter under challenge in these 2 (two) writ petitions.

(3.) The facts of the cases in a short compass are as follows: The present writ petitioner namely, Assam Urban Water Supply and Sewerage Board, hereinafter referred to as Board, floated a notice inviting tender on 24.9.90 inviting bids in respect of Tinsukia Water Supply Scheme and the respondent No. 1 M/s. Subhash Project & Marketing Limited, a company registered under the Companies Act, hereinafter referred to as Company, having been found to be the lowest, the bid of the respondent No. 1 Company was accepted by the Managing Director of the petitioner-Board and, thereafter, contract agreements dated 20.3.91 and 19.6.92 were entered amongst the parties concerned. While executing the contract works, certain disputes arose between the parties concerned for which, the respondent No. 1-Company approached the Managing Director by serving notices dated 17.1.2002 to the Managing Director of the Board calling upon him to enter upon the reference within a period of 30 days to settle the [related disputes with further information that failing which, the respondent No. 1- Company will be constrained to refer the matter to the appropriate forum to resolve the above disputes through arbitration as seen in the document marked as Annexure- III to the writ petition. As the writ petitioner-Board failed to enter upon the references within the said period of 30 days to settle such disputes, filed Arbitration Petition Nos. 4/2002 and 5/2002 before the Hon'ble Chief Justice of this Court under Section 11 of the Arbitration and Conciliation Act, 1996, hereinafter referred to as Act of 1996, and the Hon'ble Chief Justice appointed the respondent No. 3 herein as arbitrator under the common impugned judgment and order dated 26.3.2002. Being dissatisfied with the said judgment and order the petitioner filed these writ petitions.