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2026:CGHC:14410 NAFR

HIGH COURT OF CHHATTISGARH AT BILASPUR

ARBR No. 18 of 2026 M/s. Moon Caterers S/o Shri Rafik Mohammad Aged About 36 Years Through Its Proprietor, Mohammad Shoaib,s/o Shri Rafik Mohammad R/o

8/8, Bristol Chowk, Chotapara, Distt. Raipur Chhattisgarh, ... Applicant

versus

1. State Of Chhattisgarh Through Its Secretary, Department Of Urban Administration And Development, Mahanadi Bhawan,atal Nagar, Nawa

Raipur, Distt Raipur C.G.

2. Raipur Smart City Limited Through Its Managing Director Chhatrapati Shivajee Maharaj Outdoor Stadium, Near Vivekanand Sarovar, Raipur,

District Raipur C.G., Chhattisgarh

3. The Municipal Corporation Raipur Through Its Commissioner White Digitally signed by House, Near Gandhi Chowk, Raipur, District Raipur C.G.

PREETI PREETI KUMARI

4. Collector Raipur, District Raipur Chhattisgarh KUMARI Date:

2026.03.28

15:54:41 ... Non-Applicants +0530 For Applicant : Mr. Rajesh Kumar Kesharwani, Advocate.

For Non-Applicant Nos. 1 and 4: Mr. Saumya Rai, Deputy Government Advocate.

For Non-Applicant Nos. 2 and 3: Mr. Pankaj Agrawal, Advocate.

Hon’ble Mr. Ramesh Sinha, Chief Justice

Order on Board

25.03.2026

1. This is an application under Section 11 (6) of the Arbitration and Conciliation

Act, 1996 for appointment of an Arbitrator.

2. The facts, in brief, as projected by the applicant are that non-applicant

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No. 01 invited proposals, Proposal No. 70115 dated 17.12.2020 for selection of bidders to Design, Development, Implementation. Operation and Maintenance of Smart Parking Management" at Multi Level Car Parking (MLCP) located at EAC Colony in Raipur on Annual License fee basis. The Applicant was successful in the aforesaid bid and as a result a license agreement was drawn between the parties. The license period agreed by the parties was 5 years, which may extendable for another term of 5 years at sole discretion of the Authority. The Annual License fee fixed by the Non-applicants authority is Rs. 15,11,926./-. which was to be paid in two instalments i.e., 1st Instalment- within 30 days of issuance of LoA and before signing of agreement and 2nd Installment- before completion of 15 days of three months from the effective date. The applicant submitted TDR dated 21.05.2021 for a value equivalent to 6 months of quoted annual license fee of the highest bidder i.e. Rs. 7,56,000/- towards performance security. Consequently a work order was issued on 13/09/2021. The applicant wrote a letter to Non-applicants no. 01 regarding payment of parking pass fee of the vehicles belonging to Collectorate employees which has been pending for 11 months. The applicant paid Rs. 4,68,319/- and communicated the same to the Non-applicants no. 01 vide letter dt. 15/06/2023. Non-applicants No. 01 illicitly cancelled the said License agreement on 21/07/2023 without service of notice to the applicant, arbitrarily denying any opportunity of hearing. Non-applicants have caused grave and huge losses to the applicant financially by way of constructing a BPO in the 5th and 6th floor of the MLCP violating the terms of the License Agreement. The same was informed by way of letter dt. 23/05/2023. The applicant have carried out work and maintained MLCP space as per the instructions of the authorities while the Non-applicants have grossly erred in fulfilling their duties like pending payments for Collectorate vehicles which were kept free of cost. The

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applicant, on 10/12/2022 & 11/12/2022, preferred a detailed representation to the non-applicants stating non-payment of parking fee for 14 months amounting to Rs. 23,49,144/-. The applicant approached before this Hon'ble Court challenging the tender cancellation order in WPC No. 3531/2023 with order to avail the remedy of arbitration. The license agreement in its clause 6.2 provides for Arbitration as a method of dispute resolution governed by the provisions of Arbitration and Conciliation Act 1996 hereinafter referred to as Act, 1996). Section 29A of the Act, 1996 provides time