2014 Supreme(Raj) 1645
GOVIND MATHUR
I. P. Singh Construction Company – Appellant
Versus
Rajasthan Housing Board – Respondent
Advocates:
For the Appellant: I.P. Singh, Party-in-person.
For the Respondent:Laxman Lal Guru, Advocate.
JUDGMENT
1. - This application for appointment of an arbitrator is preferred by the applicant partnership firm, a contractor of "AA" class. The partnership firm was having work order for construction of EWS 128 multistory G+3 houses in Sector-9, Kudi Bhagtasani Housing Board, Jodhpur and the agreement in this regard was executed on 20.4.2011 bearing numbers 2/2011-12. The estimated cost of the work assessed under the work order was Rs. 4,18,95,981.61. The work assigned was to be commenced from 19.4.2011 with a condition to complete the same on or before 28.7.2012.
2. Respondent Rajasthan Housing Board supplied lay out plan to the applicant but before commencement of the work the Deputy Commissioner (Housing) of the Rajasthan Housing Board by letter dated 25.4.2011 directed not to proceed with the work order. The retainment so made was revoked on 17.3.2012. The allegation of the applicant that despite the order of retainment the work plan was not rescheduled and that caused delay in completion of the project.
3. According to the applicant the respondent unilaterally invoked clauses 2 and 3 of the agreement on 6.6.2013 to get the work done by some other contractor at the risk and cost
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