1 CGHC010335222026 2026:CGHC:38809 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR ARBR No. 55 of 2026 M/s Techno Prints Through Sole Proprietor Vikas Kapoor, S/o Late R.S. Kapoor, Aged About 59 Years, Registered Office At Behind Banjari Mata Mandir, Near Heera Steel, Rawabhata, Industrial Area, Raipur, Distt - Raipur C.G. ... Applicant versus 1. Chhattisgarh Textbook Corporation Through Its Managing Director, Chhattisgarh Textbook Corporation O/o Chhattisgarh Board Of Secondary Education, Pension Bada, Raipur, Distt – Raipur, C.G. 2. General Manager Chhattisgarh Textbook Corporation O/o Chhattisgarh Board of Secondary Education, Pension Bada, Raipur, Distt Raipur C.G. ... Respondents For Applicant : Mr. Himanshu Sinha, Advocate (through video- conferencing). For Respondents : Ms. Yashashvi Singh, Advocate holding the brief of Mr. Arjit Tiwari, Advocate. Hon’ble Mr. Ramesh Sinha, Chief Justice Order on Board 02.09.2026 1. This is an application under Sections 11(4) and 11(6) of the Arbitration and Conciliation Act, 1996 for appointment of an Arbitrator. PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2026.09.02 17:05:50 +0530 2 2. The facts, in brief, as projected by the applicant are that the applicant/claimant is a proprietorship firm engaged in printing and publishing business. The applicant firm is one of the 30 firm/companies registered/empanelled with the Chhattisgarh Textbook Corporation for the purpose of printing of various educational and other materials. Respondent No. 1 is a body corporation registered under the provisions of Societies Registration Act, 1973 and it has its own by laws and rules. Respondent No.2 is the functionaries of respondent No. 1.The applicant was awarded a work order dated 20.01.2020 issued for the printing and distribution of Module Booklet for State Council for Educational Research and Training (SCERT) on the E-Tender Notice No. P-4/18-19 issued for printing and distribution of miscellaneous material for the year 2018-19 to 2020-21 dated 14.04.2018. The Chhattisgarh Textbook Corporation invited tender for distribution and supply of free of cost textbook for all the government schools of the State of Chhattisgarh on yearly basis and as far as other educational material for various state instrumentalities such as Rajeev Gandhi Shiksha Mission, Samagra Shiksha Mission, State Council for Educational Research and Training (SCERT) and other educational institution the concerned item rate tender was invited for the period of three years. As per the item rate contract tender various printing firms and companies registered with the Chhattisgarh Textbook Corporation were declared successful bidders (L-1) as per the specification and parameters of the printing works. The subject tender notice for item rate contract for printing and distribution of various study material as per the specification demanded by various agencies/educational institution of the State Government the applicant being the registered printer submitted its bid for various work as projected vide E-Tender Notice. The applicant firm being successful in various rate contract was declared L-1 and respondent No. 1 3 started awarding works contract to the applicant firm for the purpose of printing and distribution of study materials as and when required by the Educational Institutions. In line of awarding works the applicant firm was issued a work order dated 20.01.2020 for printing of module booklets under "Nishtha" Training Program. It is informed that for various educational materials under Tender No. P-4/2018-2019 the applicant's rate quoted was found to be lowest therefore on the basis of the lowest L-1 rate the printing work of module-1 under the "Nishtha" Training Program was allotted to the applicant by the State Council of Educational Research and Training (SCERT), Raipur. 3. Learned counsel for the applicant submits that vide the work order dated 20.01.2020 the applicant was allotted the work of module-1 having description of material with total 424 pages and 4 covers, total 1,40,000 number of booklets to be printed with the specification of inner pages to be printed with 80 GSM Multicolour and cover pages to be printed with 250 GSM Multicolour. Cost of each booklet was fixed Rs.165.58/- (excluding GST). As per the terms and conditions of the work order the printing of the "Nishtha" Module-1 booklet was to be printed strictly in according to the approval of the sample copy provided by the SCERT, Raipur. One copy of the printed booklet was to be submitted in the Corporation's office and the applicant printer shall be fully liable for any printing error. For the purpose of payment the supplied printed material was to be submitted to the Corporation's office along with three copies of delivery challan and only after verification and submission of the first two copies the payment process would have been initiated. It was also categorically mentioned that the payment shall be made only after testing and approval of the sample as per standards and after the receipt of the payment from the concerned institution the Textbook Corporation will make the payment of the applicant printer. After 4 the three months of the issuance of the work order when the applicant printer completed its printing works and also made supplies to the various districts suddenly on 13.03.2020 to the sheer surprise of the applicant the Managing Director, Chhattisgarh Textbook Corporation without assigning any reason and without affording any opportunity of hearing to the applicant firm, issued an order of cancellation bearing No. 4833/पापानि/नि.मुद्रण/179/2020 of subject work order granted to the applicant firm with immediate effects. Further, on 18.03.2020 respondent No. 1 arbitrarily and without having any jurisdiction terminated the E-Tender Notice No. P-4/18-19 issued for printing and distribution of miscellaneous material for the year 2018-19 to 2020-21 dated 14.04.2018. The applicant preferred a writ petition challenging the arbitrariness of the respondent authorities before this Hon'ble Court in WPC/1078/2020 and vide Order dated 17.07.2023 this Hon'ble Court dismissed the said Writ Petition for want of prosecution as well as on merits. Being aggrieved by the same the applicant preferred Special Leave Petition (C) Diary No. 53072/2025 before the Hon'ble Supreme Court and vide Order dated 19.09.2025 the Hon'ble Supreme Court was pleased to direct the applicant to approach the Hon'ble High Court for restoration of the WP(C) No.1078/2020. Further a restoration application was preferred before this Hon'ble High Court and by virtue of the same the WP(C) No. 1078/2020 was restored and heard on merits but vide order dated 05.12.2025 the Hon'ble High court, considering the petition of the applicant to be devoid of merit was duly dismissed. 4. The applicant again preferred an SLP(C) No. 11068/2026 challenging the order dated 05.12.2025 and the Hon'ble Supreme Court vide order dated 10.04.2026 was pleased to direct the applicant to withdraw the SLP and file application under Section 11 of the Arbitration and Conciliation Act, 1996 before the Hon'ble High Court. In light of these developments, the applicant 5 is compelled to approach this Hon'ble Court under Sections 11 (4) and 11 (6) of the Arbitration and Conciliation Act, 1996, to seek a reference of disputes to arbitration. The work order dated 20.01.2020 which encapsulates the arbitration agreement and the mutual intention of the parties to arbitrate, is included herein for ease of reference. The applicant respectfully submits that the ongoing disputes necessitate judicial intervention to facilitate the constitution of the Arbitral Tribunal, allowing for the resolution of claims and ensuring that the applicant's legitimate rights are safeguarded. 5. Learned counsel for the respondents opposes the present arbitration request application, however she submits that the respondents shall have no objection if this Court appoints any Arbitrator for resolving the dispute between the parties. 6. I have heard learned counsel appearing for the parties, perused the pleadings and documents appended thereto. 7. 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 Arvind Kumar Verma, who is a retired Judge of this High Court may be appointed as the Sole Arbitrator. 8. In view of the above consensus between the learned counsel for the parties, Hon'ble Mr. Justice Arvind Kumar Verma, a retired Judge of this High Court is appointed to act as the Sole Arbitrator to resolve the dispute involved in this arbitration request between the parties. 9. The Registry is directed to communicate this order to Hon’ble Mr. Justice Arvind Kumar Verma in the proper address. 10. The remuneration of the Arbitrator shall be settled with the mutual consent of the parties. 6 11.The arbitration request petition, accordingly, stands allowed. Sd/- (Ramesh Sinha) Chief Justice Preeti