Rakesh Kumar Gupta vs Kurukshetra University on 14 September, 2012
Upon notice, reply has been filed on behalf of the respondents.
It is not disputed that as per clause 25A (1), a dispute between the parties
can be settled through Arbitration. The only objection raised for non
appointment of arbitrator is that since the petitioner had signed the
measurement book admitting it to be correct, he cannot raise any dispute.
Arbitration Case No.172 of 2011(O&M) 2
To the contrary, by placing reliance upon a judgment of the Hon'ble
Supreme Court in Durga Charan Rautrary v. State of Orissa and others
2012(2) RCR (Civil) 555, counsel for the petitioner contends that the
petitioner is not debarred from raising a dispute if it exists, despite
admitting the measurement etc. to be correct.