1 (1) S.B.CIVIL WRIT PETITION NO.339/2006 Ranchhor Singh & anr. Vs. The Municipal Corporation, Jodhpur & ors. (2) S.B.CIVIL WRIT PETITION NO.317/2006 Gordhan Singh & anr. Vs. The Municipal Corporation, Jodhpur & ors. DATE OF ORDER: 27th March 2009 HON'BLE MR. JUSTICE DINESH MAHESHWARI Mr.J.P.Joshi with Mr.Siddharth Joshi for the petitioners Mr.R.S.Saluja for the respondents BY THE COURT: Though these connected petitions, CWP Nos.339/2006 and 317/2006, have been listed for consideration of the application for enlargement of time for the purpose of conclusion of the proceedings before the arbitrator appointed by the order dated 10.11.2006 as drawn in CWP No.317/2006 but then, at the request of learned counsel for the parties and looking to the submissions made, it appears appropriate to finally dispose of both these petitions with this order. These petitions essentially relate to the contracts awarded to the petitioners for deployment of different vehicles with the respondent Municipal Corporation, Jodhpur; and the contractors have raised the grievance that they have been deprived of the payment due under the contracts in question and have been black-listed while the respondent chose to proceed with fresh tenders; and have assailed such actions on the part of Corporation as being grossly illegal and arbitrary. 2 On 10.11.2006, the following order came to be passed with agreement of the parties that has been drawn in the file of CWP No.317/2006:- ''By agreement of parties the question of due payment is referred to arbitrator for decision. Mr.B.L.Maheshwari Advocate is appointed arbitrator; he will decide the matter in one month. The fees of the arbitrator will be paid by the petitioner initially to be made the subject matter of final orders.'' After passing of the aforesaid order, these petitions remained pending awaiting decision of the arbitrator but then, stay applications as moved in these petitions were rejected by the identical orders dated 03.01.2007. Thereafter, the application came to be moved for extending the term of arbitration initiated pursuant to the order dated 10.11.2006 and, with the agreement of the counsel for the parties, the term of arbitration was extended up to 26.03.2008, by identical orders dated 27.09.2007. However, these petitions have remained pending thereafter and further application has been moved seeking enlargement of time for conclusion of the proceedings before the arbitrator. From the submissions as made by the learned counsel for the parties, it appears that the learned arbitrator is yet to enter into the reference and complete pleadings are yet to be placed before him. However, now the learned counsel for the parties are ad idem, and rightly so, that looking to the subject matter and the questions involved, the entire dispute as 3 involved in these petitions i.e., regarding monetary claim of the petitioners and so also of their challenge to the orders passed by the Municipal Corporation putting them in black-list, could be referred to the arbitrator already appointed by this Court. In view of the aforesaid agreement of the parties, nothing further survives for consideration in these writ petitions; and it appears appropriate to dispose of these petitions while making the order dated 10.11.2006 absolute for the purpose of both these petitions but with the modification that the entire dispute between the parties as involved in these writ petitions shall stand referred to the said arbitrator for decision in accordance with law and as early as possible, preferably within six months from the date of first appearance now to be fixed. Ordered accordingly. The parties agree, and shall accordingly be at notice, that in the first place they shall appear before the arbitrator on 25.04.2009. It is made clear that determination of the fees and costs shall be in the domain of arbitrator; and the parties shall remain bound to comply with the directions of the arbitrator in that regard. A copy of this order be forwarded to Shri B.L. Maheshwari, Advocate, Jodhpur, the arbitrator for these cases. 4 (DINESH MAHESHWARI),J. MK S.B.CIVIL WRIT PETITION NO.317/2006 Gordhan Singh & anr. Vs. The Municipal Corporation, Jodhpur & ors. DATE OF ORDER: 27th March 2009 HON'BLE MR. JUSTICE DINESH MAHESHWARI Mr.J.P.Joshi with Mr.Siddharth Joshi for the petitioners Mr.R.S.Saluja for the respondents The writ petition stands disposed of in terms of the observations made in the common order in S.B.Civil Writ Petition No.339/2006 (Ranchhor Singh & anr. Vs. The Municipal Corporation, Jodhpur & ors.) (DINESH MAHESHWARI),J. MK