2025:UHC:3320 HIGH COURT OF UTTARAKHAND AT NAINITAL HON’BLE THE CHIEF JUSTICE MR. G. NARENDAR 30th APRIL , 2025 ARBAP NO. 23 OF 2025 Rajeev Verma …...Applicant. Versus U.P. Rajkiya Nirman Nigam Limited and others. …….Respondents Counsel for the applicant : Mr. Shubhang Dobhal and Mr. Suryakant Maithani, learned counsel. Counsel for the respondents : None. JUDGMENT : Heard learned counsel for the applicant. 2. The application is made praying to appointment an arbitrator in respect of the work orders issued to the petitioner in the years 2013-14 and 2014- 15. 3. When the pleadings do not disclose as to when the work was completed, when the demand was raised and when the demand and claim of the petitioner for payment was rejected, on the contrary the applicant attempts to place reliance on an order of this Court rendered in WPMS No. 2485 of 2021 dated 26.05.2022, wherein the Court, while rejecting the writ petition, has been pleased to hold that Clause 15 of the terms of the contract provides for arbitration. No 1 2025:UHC:3320 document evidencing the existence of the arbitration contract is placed before this Court. Even assuming for argument sake that such a contract exists, it was incumbent on the applicant to demonstrate that the claim is a live claim and not a stale one. Reliance on the order dated 26.05.2022 does not disclose any material, which would demonstrate that the claim is a live claim and not a time barred one. 4. In that view of the matter, this Court is of the opinion that the instant Application is highly misconceived and being a time barred claim, the Application is liable to be rejected and is, accordingly, rejected. 5. After dictation of the order, learned counsel for the applicant would take this Court through Annexure-2 dated 24.02.2024, whereby an arbitrator came to be appointed pursuant to the order passed in WPMS No. 2485 of 2021 dated 26.05.2022. 6. It is interesting to note that despite the rejection of the writ petition, the respondents have been benevolent enough to appoint an arbitrator. 7. Let a copy of this order be forwarded to the Chief Secretary and the Principal Secretary, Public 2 2025:UHC:3320 Works Department for necessary action. ________________ G. NARENDAR, C.J. Dt: 30th April, 2025 Rathour 3 PRAVINDR A SINGH RATHOUR Digitally signed by PRAVINDRA SINGH RATHOUR DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=23699ccc2fd40ad81b6fd13323779d9e3 aeb1097d17dbb53d481cabd25946eed, postalCode=263001, st=UTTARAKHAND, serialNumber=1F65499E931DF71CDAF92A40CC6 179B8E010331BA695239171F906FD5C45C4E8, cn=PRAVINDRA SINGH RATHOUR Date: 2025.05.14 10:37:53 +05'30'