Ms Technocraft Associates vs State Of Raj And Ors
2022 Latest Caselaw 1196 Raj/2

      HIGH COURT OF JUDICATURE FOR RAJASTHAN
                  BENCH AT JAIPUR

              S.B. Civil Writ Petition No. 6014/2018

M/s Technocraft Associates Having Its Office At 3/308, Hiren
Light Ind. Premises Co- Operative Soci
                                                                   ----Petitioner
                                   Versus
1.     State Of Rajasthan Through Chief Secretary, Government
       Of Rajasthan, Secretariat, Jaipur
2.     The Principal Secretary, Women And Child Development,
       Government Of Rajasthan, Secretariat, Jaipur
3.     The Director, Integrated Child Development Service,
       Women And Child Development Department, 2, Janpath,
       Gandhi Nagar, Jaipur.
4.     The    Commissioner,           Integrated          Child   Development
       Services, Women And Child Development Department, 2,
       Janpath, Gandhi Nagar, Jaipur.
                                                                ----Respondents

For Petitioner(s) : Mr. Kamlakar Sharma, Sr. counsel with Mr. Pankaj Gupta through VC For Respondent(s) : Ms. Sheetal Mirdha, AAG through VC

HON'BLE MR. JUSTICE SAMEER JAIN

Order

02/02/2022

1. Learned counsel for the petitioner submits that he has

approached the Court against the cancellation order dated

26.02.2018. He further submits that on 03.01.2018, he has

executed an agreement with the respondents in pursuance to the

same on 03.01.2018, work order was issued. In compliance to the

same, he has made sincere efforts to fulfill the terms and

conditions of the contract. To his shock and surprise, vide

cancellation order dated 26.02.2018 (Annexure-10) his contract

(2 of 2) [CW-6014/2018]

dated 03.01.2018 and work order dated 03.01.2018 were

cancelled with immediate effect, therefore, the present Writ

Petition was filed.

2. In response to the said writ petition, preliminary objection

was raised by the respondents whereby, they have taken a ground

that in terms of Clause 49 reproduced as under :-

"49.If any dispute arises between the supplier/ selected

bidder and ICDS during the execution of agreement that should

be amicably settled by as per provisions of Arbitration &

Conciliation Act,1996."

there was availability of arbitration clause as an alternative

dispute mechanism.

3. They have further relied upon the judgment of Apex Court in

Joshi Technologies International Inc. vs. Union of India

And Ors. reported in (2015) 7 SCC 728.

4. Learned counsel for the petitioner at the outset submitted

that looking to the cause and controversy and as per instructions

of his client, he wants to avail remedy of clause 49, which is

suggested by the respondents.

5. In the light of said prayer, this Court deems it appropriate to

dispose of the present writ petition with the direction to the

respondents to consider Clause 49 and to give remedy of

arbitration under the Arbitration and Conciliation Act, 1996.

6. All pending applications also stand disposed of.

(SAMEER JAIN),J

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