Punjab-Haryana High Court
Ghatal Devta Coop. L/C Society vs State Of Haryana And Others on 28 April, 2023
Author: Avneesh Jhingan
Bench: Avneesh Jhingan
ARB-534-2021 2023:PHHC:060618 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 215 ARB-534-2021 Date of Decision: 28.04.2023 Ghatal Devta Coop. L/C Society ...Petitioner Versus State of Haryana and others ... Respondents CORAM: HON'BLE MR. JUSTICE AVNEESH JHINGAN Present:- Mr. Lajpat Sharma, Advocate for Mr. Vivek Khatri, Advocate for the petitioner. Mr. Sharad Aggarwal, Assistant Advocate General, Haryana. 3 2 3k 3k 2 AVNEESH JHINGAN, J. (Oral)
1. This petition is filed under Section 11 of Arbitration and Conciliation Act, 1996 for appointment of the Arbitrator.
2. The brief facts are that the petitioner was allotted a tender for Construction of Waste Water Nala at village Mehrana, District Bhiwani. Clause 24 of Conditions of Contract provides for dispute resolution system.
Clause 24.1 of Contract is reproduced below:
"24.1 In case of contract(s) of value lesser than Rs.2 cr., the agency will make an appeal to the Appellant Authority i.e. concerned Superintending Engineer who will decide the issue within 90 days. In case of dissatisfaction on the part of the contractor, he can go to Court after the decision of this appeal or after 90 days in case of no decision from the Appellant Authority."
KAPIL 2023.04.28 14:24 I attest to the accuracy authenticity of this docu Punjab & Haryana High Chandigarh and ment Court, ARB-534-2021 2023:PHHC:060618 2
3. It is not disputed by the parties that the contract value was less than Rs.2 crore.
4. In view of the admitted facts and from the reading of Clause 24.1, clear picture emerges is that there is no arbitration prescribed for a contract having value less than Rs.2 crore. Consequently, the petition is dismissed.
5. Needless to say that the petitioner would be at liberty to avail remedies in accordance with law.
(AVNEESH JHINGAN) April 28, 2023 JUDGE kapil Whether speaking/reasoned Yes/No Whether reportable Yes/No KAPIL 2023.04.28 14:24 I attest to the accuracy and authenticity of this document Punjab & Haryana High Court, Chandigarh