fc& ;ai i^^'! !S.^?.-^1 HIGH COUWT OF CHHATTISQARH AT BILAWUR DIVISION BENCH CORAM: HON'BLE SHra RAJBEV GUPTA, CJ. HON'BLESHRISUNILKUMARSINI-W.J. WRIT PETmON(G».No. Wt2S Of2SW9. PETiTIQNER RESPONDENTS: 1 Chhattisgarh Etecbricad Cmtractor Weffare Associatlon, An Assoelation registered urider the Regfetrar Firm and SoBieties (Registration no.1892 dated 07/11/2007) having its Office_ near Dadsena Bhawan, Seetala Chowk, Dangania, Ratpur, Distrtet Raipur, Chhattisgarh. RepFesented through its President S.P. Sinha, aged about 67 years, S/o late Heera Lal Sinha, R/o Kushalpur, Raipur, District Raipur, Chhattisgarh. VERSUS Chhattlsgarh State Power Distributlon Company Limited a Succ^sor Company of Chhattisgarh State Electriclty Board; Through: Chief Engineer (ST: RD). 2. Dtstrlbution Raipur, Chief Engtneer (ST:RD) C.G. State Power Company Lfmtted, Chhattisgarh 3 Chief Engineer (Operation & Management) C.G. State Power Distribution Company Limited, Raipur, Chhattisgarh (Writ Petition underArticle226ofthe Conslitution oflndia) j/s Present: Shri Kishore Bhaduri, coureel for the petltlener ORDER (07th NovenAer, 2009) ^ K ^ ; The following order (rf the Court was passed by Rajeev Gupta, C.J. Shri Kishore Bhaduri, leamed counsel for the petitioner is heard on admisaon. 2) Petitioner - Chhattisgarh Electrical Contractor Weffiare Association has filed this wrtt petltlon through its Pre^dent S.P. Sinha, for the following reliefs : "i. This Hon'ble Court mayktndly be pteased to issue awritof mandamus direcAlngthe responderts to produce all the relevant records pertalning to the petltioners case. ii. The Hon'bleCourt may kindty be pleasedto issue a writ of mandamus direeting the respondents for adhering to the terms of TR-1 and TR-2 for the renewal period and also for the okl existlng period. iii. This Hon'ble Court may kindly be pleased to issue a writ of mandamus directing the respondents to release the payment of each and every contractore forthwith as per TR-1 & TR-2. iv. This Hon'ble Court may kindly be pleased to issue a writ of cerfiorari quashing the revised modalitiesso faras itdiffers (rom TR-1 & TR-2. v. Issueany other orderor ordere, wnt or write, direction or directionsas this Hon'ble cowt may deem flr in the facts and circumstances ofthe case in favour of the petitioner and agalnst the respondents. vi. Costofthepetitionbeallowed." &g ^ ; 3) The petitioner - association, thus In substance, is seeking adlrection to Uie respondents to release payment of each and every contractor whois memberof petitioner - asspciation s®per TR-1 and TR-2. 4) From the documents filed along witti the petitlon, wegatha- that Clause-31 of general conditions of contract (Annexue-P/1) which provides fbr arbitration reads as follows: "31. ARBITRATION (i) If at any time any quretion, dispute or dlfference whatsoever arises bdween the CSEB and the contractor upon or in relation to or In connedion w'rth thls contract either party may forttiwtth give to the other a notice In writing oftheexistenceofsuch questlon, disputesordifference andthe same shall be referred to the adjudication of three arbitratOTs, one to be nominated by CSEB, the other by the contractor and the third by the Presklent of fiie Institution of Engineers, India. if either of the parties fail to appoint its arbltrator, withln sixty (60) days after recelpt of notice for the appointmert of its arbitrator then the President of the Institutton or Engineer, India shall have the power at the request of elther of the parties to appoint an Arbifrator. A certified copy of the •'President" mafcing ajch an appointinent shall be fumished toboth partles. (ii) Thearbitration shall be conAicted In accordance With the provisions of India Arbitration Act, 1940or any statutory modiflcation thereof and shall be held at such place and time of tndla as the Arbitrators may determine. The decision of the majority of Arbitrators shall be final and binding upon the parties here to and the expens^ of the arbitrafion shall be paid as may be determined by the Arbitrators. Performance under the contract shall if reasonaUy possible continue during the arbitration proceedings and payments due tothecontractor by CSEB shall not be withheld unless they are the subject matter ofthe arbitration proceedings." 5) Considering the factual dlsputes Involved In the msrtter, we are of the oplnlon that Itwould be appropriate tor the p^itioner - assoclatlon and its members to firet avail the remedy of arbitration provided under Clause -31 ofAnnexure-P/1. 6) With the above observation, the writ petKion is dtemissed. Sd/- ChiefJustice Sd/- SunilKumarSinha Judge subbu ^!