Punjab State Warehouse Corporation And ANR. v. M/S Kataria Construction Company And ANR.

  
        
   



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1.

By way of present petition, challenge has been laid to the order dated 13.05.2019 (Annexure P-9) passed by the learned Civil Judge (Senior Division), Chandigarh, whereby, an application filed under Section 8 of Arbitration and Conciliation Act, 1996, preferred at the instance of petitioner in Civil Suit No.4438 of 2017 titled as "M/s Kataria Construction Company Vs. State of Punjab and Ors." stands declined. 2.

Learned counsel for the petitioners submits that the trial Court failed to take into account the fact that the work orders/agreements executed between the parties were never disputed or denied in the plaint by the respondents and on the contrary the whole basis of the claim in the suit was those agreements and the work order only.

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He further points out that in view of the admitted work orders and the agreements contained an arbitration clause and also on the basis of the decision dated 19.01.2024 passed in Civil Revision Petition No. 8507 of 2017, the impugned order is liable to be set aside. He also points out that the orders dated 01.02.2014 and 12.12.2014, passed by the petitioners could very well be agitated and impugned before the Arbitrator even by the respondent. 3.

On the other hand, learned counsel appearing on behalf of the respondent submits that the declaration qua the orders dated 01.12.2014 and 12.12.2014 passed by the petitioners could only be granted by the Civil Court and not by the learned Arbitrator. He also points out that in terms of the Section 8(2) of the Arbitration and Conciliation Act, 1996, unless the original/certified copy of the agreement containing arbitration clause was placed on record, the prayer made by the petitioners before the trial Court could not be entertained and thus the impugned order calls for no interference.

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Furthermore, the orders dated 01.12.2014 and 12.12.2014 whereby the balance payment of final bills payable to the respondent/plaintiff has been withheld can always be made subject matter of arbitration proceedings to be adjudicated upon by the learned Arbitrator. 8.

In view of the aforesaid, the order dated 13.05.2019 passed by the learned trial Court is hereby set aside. The dispute between the parties thus needs to be gone into by the Arbitrator. The parties shall be at liberty to

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avail their remedies with respect to the appointment of learned Arbitrator. The present revision petition is thus allowed. 9.

All the pending miscellaneous applications, if any, stand disposed of.

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