1 2025:CGHC:44387 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR ARBR No. 10 of 2025 • M/s Tejas Construction And Infrastructure Pvt Ltd Vert Blue House Survey No.18, Datta Colony, G.K. Lane No. 4, Near Hotel Shivsagar, Vishal Nagar, Pimpale Nilakh, Pune 411027 Through Its Authorized Signatory Rajesh Dattatray Pawar ... Applicant versus 1. Municipal Corporation Ambikapur Through Commissioner, Municipal Corporation Ambikapur, District Sarguja Chhattisgarh 497001 2. The Executive Engineer Municipal Corporation Ambikapur, Dist Sarguja Chhattisgarh 497001 ... Respondents (Cause title is taken from Case Information System) For Applicant : Mr. Anchal Kumar Matre and Mr. Parth Gupta Advocates For Respondents : Mr. Bhupendra Singh, Advocate Hon’ble Mr. Ramesh Sinha, Chief Justice Order on Board 01/09/2025 1. The present Arbitration request/petition is filed by the applicant under Section 11(6) of the Arbitration and Conciliation Act, 1996. 2. Heard on I.A.No.01 of 2025, which is an application seeking exemption from filing certified copy of the agreement. 3. For the reasons stated in the application, the same is allowed and the applicant is exempted from filing certified copy of the agreement. VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.09.04 18:21:03 +0530 2 4. By this arbitration request/petition, the applicant seeks appointment of the sole arbitrator to resolve the dispute that has arisen between the parties. 5. The facts of the case in brief, is that the Applicant Company is a Pvt. Ltd. firm engaged in construction of roads, sewer, water supply etc. since last more than twenty years. Since the applicant qualified all the conditions stipulated in Tender Notice, therefore, it submitted their bid on 15.05.2017, in c/w Official work order no.F.No./ AMRUT/AMC/17-18/127 Ambikapur, dated 14/06/2017 Agreement No. 177, executed between the Applicant and Municipal Corporation Ambikapur, executed on 14/06/2017. The Respondents, vide their letter dated 14.06.2017 has intimated to the applicant of acceptance of their offer for Official work order no. F.No./AMRUT/AMC/17-18/127 Ambikapur, on 14/06/2017 Agreement No.177 executed between the Applicant and Municipal Corporation Ambikapur, executed on 14/06/2017. The accepted cost of Tender was Rs. 97,24,36,200.00. The stipulated period of completion was 30 months including 3 months trial run from the date of issuance of acceptance letter. 6. An agreement was executed 14.06.2017 between the parties and the Applicant, pursuant to acceptance letter dated 14.06.2017, made all arrangements, and established at site to start the work but could not go ahead, because of the non availability of land/site in question, where the above water-supply etc. was to be laid/constructed, a part from various other lapses and defaults on the part of the respondent, thus Project could not be completed within its stipulated time of completion of 30 months. The 3 Respondent kept the Applicant waiting for quite long time in handing over the requisite plot of land/site in several piece meals, from time to time, since respondent couldn't arrange unhindered site/land for the above project for which this Tender/Contract, was invited and work were allotted to the Applicant, however the applicant on their part were intimating and informing to the respondent about their recurring losses and damages on these count. 7. Learned counsel for the applicant would submit that despite repeated request and reminders and best efforts taken on the part of the Applicant, from time to time, the respondent couldn't provide unhindered site/requisite land for the above project, even within a reasonable time period, from the date of acceptance of the Tender and thus Applicant's staff, labour, T & P. Machineries and other establishments etc. was to be kept idle for all this period, thus the Claimant Contractor were incurring losses and damages on various front, which were required to be reimbursed by the respondent and for that, they were forewarned from time to time. The Applicant- firm executed works relating to above mentioned project and completed the same within extended date of completion, viz. 31.03.2023, to the entire satisfaction of the Respondents as is evident from the completion internal notes. Although as per the respondents, the above project has been satisfactorily completed to the entire satisfaction of the respondent, but despite repeated requests and reminders by the Applicant, no completion certificate has been issued on time. The Applicant demanded its outstanding payments while also requesting for release of their long overdue 4 payments etc. as per the provisions of the contract, but despite their repeated request and reminders, the Respondent did not release any payment on time, till date, neither, full and complete payment, nor even released Performance Security/Security Deposits etc. in its due time. The Applicant is still entitled to balance payment of more than Rs. 50.00 crores, besides G.S.T and interest etc. Notice, reminders as well as arbitration invocation notice has been sent to the respondents as per provisions of the contract, which has not been replied to by the respondents, hence the need for instant application for appointment of Arbitrator before this Hon'ble Court. 8. Mr. Bhupendra Singh, learned counsel appearing for the respondent placing reliance on the return filed, though opposes the present arbitration petition, he submits that the respondent shall have no objection if this Court appoints any retired High Court Judge as an Arbitrator for resolving the dispute between the parties. 9. I have heard learned counsel appearing for the parties, perused the pleadings and documents appended thereto. 10. A query was put to learned counsel appearing for the parties as to whether they are agreeable for a common name who can be appointed as Arbitrator, learned counsel for the parties submitted that they would have no objection if any retired Judge of this High Court is appointed as the Sole Arbitrator. They further submit that Hon’ble Mr. Justice R.C.S. Samant, who is a retired Judge of this High Court may be appointed as the Sole Arbitrator. 5 11. In view of the above consensus between the learned counsel for the parties, Hon’ble Mr. Justice R.C.S. Samant a retired Judge of this High Court is appointed to act as the Sole Arbitrator to resolve the dispute with respect to issue involved in this Arbitration request/petition. 12. The Registry is directed to communicate this order to Hon’ble . Justice R.C.S. Samant in the proper address. 13. The remuneration of the Arbitrator shall be settled with the mutual consent of the parties. 14. The arbitration requests/petitions, accordingly, stands allowed. Sd/- (Ramesh Sinha) CHIEF JUSTICE vaishali