IN THE HIGH COURT OF ORISSA AT CUTTACK

AFR

W.P.(C) No.31034 of 2022

In the matter of an application under Articles 226 & 227

of the Constitution of India.

………………

M/s. H.M. Constructions

Company, West Bengal

….

Petitioner

-versus-

Power Grid Corporation of

India Ltd., New Delhi &

Others

….

Opposite Parties

For Petitioner

:

M/s.S.S.Rao & S.E. Haque

For Opp. Parties :

Mr.A.N.Das, N.Sarkar &

E.A.Das.

PRESENT:

THE HONBLE JUSTICE BIRAJA PRASANNA SATAPATHY

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Date of Hearing:14.12.2022 and Date of Judgment:06.01.2023

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Biraja Prasanna Satapathy, J.

1.

This Writ Petition has been filed to quash the order

dated 11.11.2022 passed by the learned Arbitrator under

Annexure-4 and with a further prayer to direct the learned

Arbitrator to accept the petition for amendment and to

proceed with the case by accepting the documents in

accordance with law.

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Page 2 of 28

2.

The factual background giving rise to filing of the

present writ petition is that with regard to the dispute

arising out of a contract for Package-F site preparation,

leveling and grading for 400 KV Buy Extension at 765/400

KV Angul Pooling Station Span No. ODP/BB/C7M-1077/1-

442, the Petitioner when approached this Court in ARBP

Proceeding No.26/2020, the present Opposite Party No.5

was appointed as the sole Arbitrator as per the order

passed by this Court on 22.01.2021. After such

appointment of the sole Arbitrator, the dispute was

registered vide Arbitration Proceeding No.9/2021 and the

Arbitration

Proceeding

commenced

from

05.03.2021.

During pendency of the matter before the sole Arbitrator,

the Petitioner filed a petition on 19.10.2022 under

Annexure-1,

with

a

prayer

to

allow

the

proposed

amendment. Similarly, the Petitioner also filed another

petition under Order-13, Rule-1 of the C.P.C for acceptance

of the documents, which are proposed to be included by

way of amendment. Learned Arbitrator when rejected both

the Petitions vide the impugned order dated 11.11.2021

under Annexure-4, the present Writ Petition was filed

challenging the order and with the further prayer to allow

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Page 3 of 28

the amendment as prayed for with the acceptance of the

documents so indicated in the proposed amendment.

3.

It is the main contention of the learned counsel

appearing for the Petitioner that during course of hearing,

the Opposite Party-Company herein when adjusted an

amount of Rs.9,02,959.64/- paisa vide letter dated

23.02.2022 and also returned the 7^th R.A Bills with the plea

that same is defective one, the Petitioner was compelled to

file the Petition for amendment in order to bring on record,

the communication dated February, 23, 2022 and the

documents in support of his claim for settlement of the 7^th

R.A bills.

3.1. It is contended that unless the proposed amendment

is allowed by accepting the documents enclosed to the

amendment petition, the Petitioner will be seriously

prejudiced and non-admission of those documents will

jeopardize his claim. But the learned Arbitrator on the

ground that the facts noted in the proposed amendment

and the documents sought to be introduced were all within

the knowledge and possession of the petitioner at the time

of filing of the claim petition they were never filed earlier

during course of the proceeding rejected both the prayers

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Page 4 of 28

vide the impugned order. At the fagend of the proceeding,

when the matter is fixed for argument, these new facts and

documents are being introduced to patch up the lacunae in

the pleadings and the evidence of the petitioner for

improving its case.

3.2. It is contended that learned Arbitrator while rejecting

the petition vide the impugned order under Anne