M/S United Marine Engineers v. The Lt. Governor And ORS

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] ...

WPA/728/2023 M/s United Marine Engineers ... Petitioner Vs.

The Lt. Governor and Ors. ... Respondents Mr. M.P. Kamaraj ...for the Petitioner Mr. Shatadru Chakraborty Mr. Dibesh Dwivedi ...for the Respondents June 18, 2024 (M.A.Mobin) Item No.20 The grievance ventilated in the present application is about non-payment work done by the petitioner as per work order.

It is submitted that the petitioner was awarded a work order by the PMB vide order dated 12th February, 2014 for the rectification of the defective Pneumatic Remote Control System and the Gear box control on board, the vessel "M T VANCHI" and the total amount involved for the said work is Rs.13,89,960/-and the petitioner was to complete the said work within a period of 90 days from the date.

It is further submitted by the Writ Petitioner that he has completed his part of the work within the stipulated period of 90 days as per work order but in spite of

completion of the work and in spite of his representation the payment has been withheld by the PMB.

Mr. Chakaraborty, learned Counsel appearing on behalf of the respondents submits that the dispute pertains to civil in nature and the Civil Court only has jurisdiction to entertain such prayer. Furthermore, he referred Para 8 of the work order wherein parties agreed that on successful completion of the entire work package and after obtaining certificate from IRS confirming about the works have been undertaken on satisfaction, the payment can only be made. He further submits that Clause 17 of the work order stipulates arbitration clause and the petitioner herein without invoking that Clause has straight away approached before this Court, filing the Writ Application. Having considered the facts and circumstances of the case it appears that there is no dispute that the work order contains an arbitration clause.

Accordingly present application being WPA 728 of 2023 is hereby disposed of, giving liberty to the parties to approach in terms of arbitration clause mentioned in Clause 17 of the work order. All points shall be kept open before the Arbitrator for adjudication.

Parties to act on a server copy of this order duly collected from the official website of the Hon'ble High Court at Calcutta.

[Ajoy Kumar Mukherjee, J.]