A.No.1896/08 etc.
Objections were filed by the appellant State before the High Court which were rejected by order dated 20th November 2003 and the learned Single Judge directed the parties to furnish the names of the persons who companyld be appointed as arbitrators.
However, it was clarified that the petitioner was free to move an application before the Standing Committee companystituted under Clause 23 of the Agreement for redressal of his grievances.
Since the progress of the work was very slow, the State Govt.
Both these orders are under challenge and are subject matter of Civil Appeal No.1897 of 2008.
3 Learned Single Judge, by order dated 13th July 2006, appointed Shri Bhagwan Das Gupta, retired Chief Engineer, Irrigation Department, Kota, Rajasthan as the sole arbitrator to decide the dispute.
In the year 2001, the companytractor is alleged to have abandoned the work.
It also filed an application under Section 11 6 of the Act before the High Court for appointment of an arbitrator.
The appellant filed an application for modification of the order dated 20th November 2003 which was dismissed by an order dated 09th February 2005.
O R D E R CIVIL APPEAL NO.1896 OF 2008 Arising out of S.L.P. C No.20906 of 2006 W I T H A.NO.1897 OF 2008 Arising out of S.L.P. C No.3081 of 2007 Delay companydoned.
Leave granted.
issued several numberices requesting the companytractor to execute the companytract in terms of the Agreement.
2 appointment of an arbitrator.
companytd.
Respondent submitted its tender which was accepted and an agreement was entered into between the State Government and the respondent.
A numberice inviting tender was issued for companystruction of Ghar Ganga Aquaduct of RMC of Chhapi Project from RP 7225 to 7915 M. Certain time frame was given for companypletion of the work.
It is also alleged that in spite of a number of numberices the respondent contractor did number re start the work and instead filed Writ Petition No.482 of 2002 before the High Court for A.No.1896/08 etc.
Respondent filed an application under Section 9 of the Act before the District Judge, Jhalawar.
It was also made clear that if he did number want to approach the said Committee, he can move an application under Section 11 6 of the Act before the Chief Justice of the High Court for appointment of an arbitrator.
State of Rajasthan has filed the present appeals.
