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Judgment
Arindam Sinha, J
Mr. Dwibedi, learned advocate appears on behalf of petitioner and submits, prayer of his client is for direction upon State, through its functionaries, to furnish authenticated copy of office letter dated 3rd November, 1978 referred under fire precaution clause-H in the tender document. The clause is reproduced below.
“H) FIRE PRECAUTIOIN- The contractor his agents representatives workmen etc. shall strictly observe the order pertaining to fire precautions prevailing within the restricted ara.
The arbitration clause as amended in this office letter No.50174(43) dated 3.11.1978 will hold good”
He submits, the tender document became part of agreement dated 31st December, 1997, under which his client executed the work. He draws attention to letter dated 8th December, 2014 issued by office of Executive Engineer, Bhadrak rejecting his client’s claim on ground, inter alia, that extension of time application was not duly filed. He submits, his client by letter dated 22nd April, 2016 replied thereto requesting settlement of final bill including ascertaining that all formalities for granting extension of time and preparation of final bill had been complied with. On no settlement, by letter dated 7th October, 2017 his client invoked the arbitration agreement. The employer has refused, fail and neglected to appoint arbitrator. In the circumstances, his client is unable to request the Chief Justice for appointment of arbitrator in absence of authenticated copy of said letter being the arbitration agreement.
Mr. Panda, learned advocate, Additional Government Advocate appears on behalf of State and submits, counter is required to be filed. He seeks time till 30th June, 2022. Counter be filed accordingly. Petitioner may file rejoinder by 8th July, 2022.
List on 13th July, 2022.
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