Court No. - 38
Case :- WRIT - C No. - 41961 of 2018 Petitioner :- Mohammad Husain Respondent :- State Of U P And 5 Others Counsel for Petitioner :- Rahul Srivastava,Amit Kumar Singh Counsel for Respondent :- C.S.C.
Hon'ble Abhinava Upadhya,J. Hon'ble Vivek Varma,J.
Heard Sri Rahul Srivastava, learned counsel for the petitioner and learned Standing Counsel for the State.
By means of this writ petition, the petitioner has challenged the communication dated 20.9.2018 by which a letter has been written by the Executive Engineer, Irrigation to the Secretary Chief Minister that pursuant to the arbitration award dated 9.3.2018 a sum of Rs. 69,51,571/- is to be paid to the petitioner for the work he has done as a contractor only after the amount is allocated.
Learned counsel for the petitioner submits that without allocation of fund, no contract is extended.
It is to be noticed that there is an arbitration award in favour of the petitioner and that award has to be executed under Section 36 of Arbitration and Conciliation Act, 1996.
The petitioner may file a proper application for execution of the award under the aforesaid Section. Inter-departmental communication does not mean that the arbitration award will not be honoured.
With the aforesaid observation, this writ petition is disposed of.
Order Date :- 18.12.2018 Ashutosh Pandey (Vivek Varma, J.) (Abhinava Upadhya, J.)