Samridhi Travels v. State of Jharkhand & Ors.
Case at a glance
Provisions considered
Judgment
CORAM: HON’BLE MR. JUSTICE D.N. PATEL For the Applicant : Mr. Vijayant Verma, Advocate For the State : J.C. to A.A.G. For the Respondent No.2: Mr. Indrajit Sinha, Advocate 08/Dated: 15 --------- th March, 2013
Counsel appearing for the applicant submitted that as per clause no. 23 of the agreement between the parties there is an arbitration clause, which reads as under:-
23. That all dispute/s and differences by and between the parties here to in any way in relation to or connected with this agreement shall be referred to the arbitration of Secretary, Tourism, Government of Jharkhand and the award made by such Arbitrator shall be final and binding on the parties here to. Such Arbitration shall be in accordance with the Arbitration Act, 1940.
In view of this arbitration clause a dispute which was raised by the present applicant dated 04.12.2010 (Annexure-10) was referred to the Secretary, Tourism, Government of Jharkhand. He issued the notice to the parties dated 7th January, 2011 (Annexure-11) and thereafter, an order has been passed by the said Arbitrator dated 19th January, 2011 (Annexure-11 series page nos. 49-50) to the effect that the dispute cannot be resolved at present and the Arbitrator has suggested for termination of the agreement. Looking to the order passed by the Secretary, Tourism, Government of Jharkhand it appears that no final decision has been taken by the Arbitrator and therefore, it is submitted by the counsels for both the sides that the matter may be remanded to the Secretary, Tourism, Government of Jharkhand, who is an Arbitrator as per clause 23 of the agreement between the parties, to decide the dispute between the parties. The said dispute is referred in Annexure-10 to the letter dated 4th December, 2010. If there is counter claim the same will also raised by the respondents before the Arbitrator.
In the light of this limited submissions and as the Arbitrator has already been appointed by both the parties in writing as per clause 23 of the agreement, I hereby, direct the Secretary, Tourism, Government of Jharkhand, to decide the disputes between the parties in accordance with law till 30th April, 2013. Counsel appearing for both the sides assured that
2. that they shall cooperate the hearing before the Secretary, Tourism, Government of Jharkhand and they shall not ask for any unnecessary adjournment so that the dispute can be decided within the aforesaid stipulated time.
In view of the aforesaid observations, this Arbitration Application is
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