8419 I N TH E H I GH COURT OF UTTA RA K H v. St at e of Ut t arakhand & ot hers

Mr. learned counsel Kum ar Sharm a, Counsel for t he respondent s : Mr. J.C. Pande, learned St anding Counsel for t he St at e Th e Co u r t m a d e t h e f o l l o w i n g : JUD GM EN T: Heard t he learned counsel for t he applicant and t he learned St anding Counsel for t he respondent s. 1

2. The short fact necessary for disposing of t he applicat ion is t hat an agreem ent cam e t o be execut ed in favour of t he applicant . The said agreem ent bearing agreem ent No. 09/ S.E./ 2018- 2019 was execut ed on

18.03.2019 for execut ion of cert ain civil works. I t is furt her not in disput e t hat t he said agreem ent cam e t o be cancelled by t he 4 t h respondent by proceedings dat ed

20.05.2024.

3. Aggrieved, t he applicant approached t his court by way of a writ pet it ion, and t he learned Single Judge of t his Court while disposing of t he writ pet it ion W. P. ( M/ S) No. 3355 of 2024, t it led as ‘M/ s Jodh Singh Vs St at e of Ut t arakhand & ot hers’, vide j udgm ent dat ed 06.12.2024, t he learned Single Judge has been pleased t o observe and hold as under : “ By m eans of t he present w rit pet it ion, pet it ioner has challenged t he order dat ed 20.05.2024, passed by t he Ex ecut ive Engineer , I rrigat ion Division, Haridwar , annexure- 2 t o t he writ pet it ion, wher eby t he cont ract grant ed t o t he pet it ioner was cancelled.

2. The fact s of t he case, as unfolded from t he writ pet it ion, are t hat t he pet it ioner was grant ed a cont ract on 08.03.2019 by t he respondent - depart m ent . Under t he said cont ract , pet it ioner had t o m ake 2 em bank m ent in bot h side of t he river Solani Village Moham m adpur Khadar , Dist rict Haridwar. According t o t he t erm s and condit ions of t he cont ract , t he work was t o be com plet ed by t he Cont ract or on or befor e 07.06.2019. When t he work has not been com plet ed by t he pet it ioner, t he cont ract was cancelled by t he respondent aft er five years wit hout affording any opport unit y of hearing t o t he pet it ioner. Challenging t he said cancellat ion of t he cont ract , pet it ioner is before t his Court .

3. From t he perusal of t he r ecord, it t ranspires t hat in such cases, wher e t he disput ed quest ion of fact s lie t o decide t he lis cannot be ent ert ained, as t he writ Court has not facilit at ed enough t o go int o t he det ails of t he disput ed fact s of t he case. Pet it ioner has got an alt ernat e rem edy t o file a suit or ar bit rat ion, as t he case m ay be, befor e t he com pet ent aut horit y/ court .

4. Accordingly, t he w rit pet it ion is dism issed in- lim ine.

5. Pending applicat ion, if any, st ands disposed of accordingly .”

4. From a reading of t he above it is apparent t hat t he respondent s have t aken a st and t hat t he applicant has an alt ernat e rem edy by of arbit rat ion. 3 I n t hat view of t he m at t er, and in view of t he fact

5. t hat t he said order has been accept ed and not appealed against by t he respondent s, t his Court is of t he opinion t hat t he respondent s are bound by t heir st and before t he learned Single Judge.

6. Accordingly, t he Arbit rat ion Applicat ion is allowed.

7. The learned counsel for t he applicant suggest s t he nam e of Mr. V.K. Maheshwari, Ret d. Dist rict Judge, R/ o 252/ 2 Guru Nanak Road, Subhash Nagar, Dehradun. The counsel for t he respondent s consent s t o t he sam e. I n view of t he subm issions on bot h sides, Mr. V.K. Maheshwari, Ret ired Dist rict Judge, is appoint ed t o act as an Arbit rat or t o adj udicat e t he disput es bet ween t he part ies and pass an order in accordance wit h law.

8. The Regist ry t o com m unicat e t he order and secure t he consent of t he Arbit rat or.

9. The Arbit rat or shall, in t erm s of Sect ion 11( 8) of t he Act , furnish his disclosure in writ ing t o t he Court wit hin 15 days from t he dat e of receipt of a cert ified copy of t his order. 4

10. I t is open for t he part ies t o det erm ine t he rules and procedure of arbit rat ion and t he place of arbit rat ion in consult at ion wit h t he Arbit rat or in t erm s of Sect ions 19 and 20 of t he Act . The Arbit rat or shall, in consult at ion wit h t he part ies, t he rem unerat ion and ot her chargeable fees. The Arbit rat or shall endeavour t o hear and pass an Award wit hin t he t im e provided under t he st at ut e,

11. The arbit rat ion applicat ion st ands ordered accordingly. _______________ G. N A REN D A R, C.J. Dt : 19 TH SEPTEMBER, 2025 Negi HIMANS HU NEGI DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=bb3b60774012c1ef1dae20d13a af116e73351fdaf6878326386908a7f90d5 757, postalCode=263001, st=UTTARAKHAND, serialNumber=75BD9D0FB7F4A80990FC 51A722A6BC552D470EB4FD2F88DDF7C1 8DB2A1524A4D, cn=HIMANSHU NEGI 5