M/S Virat Enterprises vs State Of U.P. And 4 Ors.
2014 Latest Caselaw 4796 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 4
 
Case :- ARBITRATION AND CONCILI. APPL.U/S11(4) No. - 25 of 2014
 
Applicant :- M/S Virat Enterprises
 
Opposite Party :- State Of U.P. And 4 Ors.
 
Counsel for Applicant :- Om Prakash Tripathi
 
Counsel for Opposite Party :- C.S.C.
 

 
Hon'ble Surya Prakash Kesarwani,J.

1.     Heard Sri Om Prakash, learned counsel for the applicant  and Sri Nimai Dass, learned Standing Counsel for the respondent.

2.     As per Clause 25.2 of the agreement filed as Annexure No. 13, either party may refer a decision of the Competent Authority to Arbitration within 28 days of the Competent Authority's written decision. Arbitration shall be under  the Arbitration and Conciliation Act, 1996  and if neither party refers the dispute to Arbitration within the above 28 days, the Competent Authority's decision will be final and binding. Pursuant to the order dated 9th July, 2010 passed by this Court in Arbitration and Conciliation Application U/s 11(4) No. 23 of 2010, it appears that  the applicant moved a representation before the  competent authority i.e. Chief Engineer (East) who gave a written decision  dated 10th January, 2014 filed as Anenxure No. 15. In paragraph no. 24 of the arbitration application, it is stated that after the aforesaid written decision of the competent authority, the applicant moved an application before the Chief Engineer ( East) Rural Engineering Services, Lucknow on 3rd February, 2014, copy of which along with postal receipt is being annexed as Annexure No. 16. Perusal of Annexure No. 16 shows that the alleged application dated 3rd February, 2014 has not been annexed. Only the postal receipt has been annexed which is dated 15th January, 2014. 

3.     Thus, the stands taken by the applicant  in paragraph no. 24 of the application appears to be wholly incorrect . The written decision of the competent authority dated 10th January, 2014 appears to have become final in terms of Condition No. 25.2 of the agreement. 

4.     Learned counsel for the applicant prays for and is granted three days' time  to file copy of the application and postal receipt.

5.     As prayed, put up on 26th August, 2014.

Order Date :- 22.8.2014/Mukesh

(Surya Prakash Kesarwani,J. )