High Court of Punjab and HaryanaCWP/26171/2023disposed of

M/S Garg And Company v. Haryana State Cooperative Supply And Marketing Federation Ltd. And ORS.

2024-04-16Mr. Justice Arun Palli,Mr. Justice Vikram Aggarwal7 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Date of Decision : 16.04.2024 (i) CWP-26171-2023 M/s Garg and Company ...... Petitioner

Versus

Haryana State Cooperative Supply and Marketing Federation Limited (HAFED) ...... Respondents (ii) CWP-26577-2023 M/s Garg and Company ...... Petitioner

Versus

Haryana State Cooperative Supply and Marketing Federation Limited (HAFED) ...... Respondents (iii) CWP-27280-2023 M/s Garg and Company ...... Petitioner

Versus

Municipal Council, Kaithal and others ...... Respondents (iv) CWP-27310-2023 M/s Garg and Company ...... Petitioner

Versus

Haryana State Agricultural Marketing Board and another ...... Respondents

CORAM : HON'BLE MR. JUSTICE ARUN PALLI HON'BLE MR. JUSTICE VIKRAM AGGARWAL *** Present : Mr. Anmol Rattan Sidhu, Senior Advocate with Mr. Alok Mittal, and Mr. Gurbir Singh Dhillon, Advocates for the petitioner.

Mr. Ankur Mittal, Addl. Advocate General, Haryana and Ms. Kushaldeep Kaur, Advocate *** VIKRAM AGGARWAL , J 1.

This order shall dispose of four writ petitions, titled above, all filed by the petitioner M/s Garg & Company. For the purpose of decision of these writ petitions, the facts are being derived from CWP No.26171 of 2023. 2.

The petitioner-firm is a proprietary concern and is stated to be engaged in the business of construction.

Out of the four civil writ petitions, two civil writ petitions pertain to Haryana State Cooperative Supply and Marketing Federation Limited (HAFED), Panchkula, one civil writ petition pertains to Municipal Council, Kaithal and remaining one pertains to Haryana State Agricultural Marketing Board, Panchkula.

The petitioner had been awarded a contract vide letter dated 05.06.2015 (Annexure P-2) for the work of construction of 26380 MT capacity godowns (without roofing) with EI works, CC roads, Boundary Wall, Manager Office, Chowkidar Quarter, P.H. Works, Septic tank, Soakage Pit and Underground water tank with Gateman cabin, 3 No. Injection wells and Drainage system in Food & Supply Department Haryana Complex at Bhor Saidan (Distt. Kurukshetra). Similarly in the other writ petitions, different works had been awarded to the petitioner vide different letters of different dates.

The works in all the aforesaid four civil writ petitions are as under:- DNIT Amount Sr.

No .

CWP & Title Name of Departmen t and circle Name of work for which contract was allotted Date of allotment of work order 05.06.2015 ₹

CWP-26171Vs. Haryana Cooperative Supply and Federation Limited (HAFED) Cooperativ e Supply Federation Limited (HAFED), construction of 26380 MT capacity godowns (without roofing) with EI works, CC roads, Boundary Wall, Manager Office, Chowkidar Quarter, P.H.

Works, Septic tank, Soakage Pit Gateman cabin, 3 No. Injection wells Drainage system in Food & Supply Department Complex at Bhor Saidan (Distt.

Kurukshetra) 25.07.2023 ₹14,72,26,305/- 2.

CWP-26577Vs. Haryana Cooperative Supply and Federation Limited (HAFED) Cooperativ e Supply Federation Limited (HAFED), Construction of 42200 MT capacity godown (without roofing) with EI works, CC roads, Boundary wall, Manager Office, Chowkidar Quarter, P.H.

works, Septic tank, soakage

Pit and gateman cabin, 3 No. Injection wells and Drainage system in Food & Supply Department Complex at Kharkhoda (Distt. Sonepat) 3.

CWP-27280Municipal Council, Kaithal and others 21.07.2018 ₹38,45,45,223/- Municipal Council, Kaithal Construction of City Square and bank square Building on Municipal Kaithal Land Measuring 43 kanal 10 marlas in Distt. Kaithal 10.12.2015 ₹10,37,81,745/- 4.

CWP-27310Vs. Haryana Agricultural Board and another Agricultur e Board, Development of Additional New Grain Market at Uchana Phase-I in District Jind 6.

It appears that certain disputes arose between the parties in all works leading to the filing of the present writ petitions. 7.

During the course of arguments, it has been mutually agreed between the parties that for effective resolution of the disputes, the matter be referred to Arbitration. Learned counsel representing the parties are ad idem that a Single Member Arbitral Tribunal be appointed for each of the works. 8.

Learned counsel for the parties have, with mutual consent,

proposed the names of the following Arbitrators:-

1. Justice S.K. Mittal (Retd.)

2. Justice R.N. Raina (Retd.)

3. Justice T.S. Dhindsa (Retd.)

4. Justice Jaishree Thakur (Retd.) 9.

Since the parties have mutually agreed to get their disputes adjudicated by way of arbitration and have mutually agreed to the names of the Arbitrators, we appoint

1. Justice S.K. Mittal (Retd.)

2. Justice R.N. Raina (Retd.)

3. Justice T.S. Dhindsa (Retd.)

4. Justice Jaishree Thakur (Retd.) as Arbitrators each of whom will head one of the four Single Member Arbitral Tribunals. The works which shall be dealt with by them are as under:-

(Retd.) DNIT Amount Sr.

No.

CWP & Title Name of Departmen t and circle Name of work for which contract was allotted Date of allotment of work order CWP26171Cooperativ e Supply Federation Limited (HAFED) Cooperativ e Supply Federation Limited (HAFED), construction of 26380 MT capacity godowns (without roofing) with EI works, CC roads, Boundary Wall, Manager Office, Chowkidar Quarter, P.H.

Works, Septic tank, Soakage Pit Gateman cabin, 3 No. Injection wells 05.06.2015 ₹

Drainage system in Food & Supply Department Complex at Bhor Saidan (Distt.

Kurukshetra) Justice R.N. Raina (Retd.) CWP26577Cooperativ e Supply Federation Limited (HAFED) Cooperativ e Supply Federation Limited (HAFED), Construction of 42200 MT capacity godown (without roofing) with EI works, CC roads, Boundary wall, Manager Office, Chowkidar Quarter, P.H.

works, Septic tank, soakage Pit and gateman cabin, 3 No. Injection wells and Drainage system in Food & Supply Department Complex at Kharkhoda (Distt. Sonepat) 25.07.2023 ₹14,72,26,305/- Justice T.S. Dhindsa (Retd.) CWP27280Municipal Municipal Council, Kaithal Construction of City Square and bank square Building on Municipal Kaithal Land Measuring 43 kanal 10 marlas 21.07.2018 ₹38,45,45,223/-

Council, Kaithal and others in Distt. Kaithal Justice Jaishree Thakur (Retd.) CWP27310Agricultura l Board and another Agricultur e Board, Development of Additional New Grain Market at Uchana Phase-I in District Jind 10.12.2015 ₹10,37,81,745/- 10.

Learned counsel for the parties are ad-idem that parties shall appear before the concerned Arbitrators within a period of two weeks from the date of receipt of the certified copy of this order for commencement of the Arbitral proceedings.

The writ petitions are accordingly disposed of in the aforesaid terms.

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