Ujjal Bhuyan, J.

1. This appeal under Section 17(2) of the Mizoram Civil Courts Act, 2005 read with section 151 of the Code of Civil Procedure, 1908 is directed against the order dated 6.3.2012 passed by the learned Senior Civil Judge-I, Aizawl in C.M. Application No. 19/2012 arising out of Declaratory Suit No. 2 of 2012 directing the Arbitral Tribunal not to proceed with the arbitration proceeding in ICA Case No. 1758. The facts of the case may be briefly noted.

2. The Government of Mizoram in the Public Health Engineering Department (respondent No. 1) had issued notice inviting tender (NIT) being Tender Notice No. CE/PHE/1 of 1997-98 for the work of execution of Greater Aizawl Water Supply Scheme Phase-II with treatment plant of 36.5 MLD capacity on turnkey basis.

3. Appellant submitted his bid offering 3 (three) alternative schemes as per provision of NIT. On consideration of all the bids, the appellant was adjudged as the lowest bidder and on 2.11.1999, respondent No. 1 issued letter of intent to the appellant for execution of single stage pumping concept i.e. the alternative scheme No. II on turn-key basis. The offer having been accepted, an agreement was signed between t