M/S Garg and Company v. Haryana State Cooperative Supply and Marketing Federation Ltd. and Ors

VIKRAM AGGARWAL , J

¶1This order shall dispose of four writ petitions, titled above, all filed by the petitioner M/s Garg & Company. For the purpose of decision of these writ petitions, the facts are being derived from CWP No.26171 of 2023.

¶2The petitioner-firm is a proprietary concern and is stated to be engaged in the business of construction.

¶3Out of the four civil writ petitions, two civil writ petitions pertain to Haryana State Cooperative Supply and Marketing Federation Limited (HAFED), Panchkula, one civil writ petition pertains to Municipal Council, Kaithal and remaining one pertains to Haryana State Agricultural Marketing Board, Panchkula.

¶4The petitioner had been awarded a contract vide letter dated

05.06.2015 (Annexure P-2) for the work of construction of 26380 MT capacity godowns (without roofing) with EI works, CC roads, Boundary Wall, Manager Office, Chowkidar Quarter, P.H. Works, Septic tank, Soakage Pit and Underground water tank with Gateman cabin, 3 No. Injection wells and Drainage system in Food & Supply Department Haryana Complex at Bhor Saidan (Distt. Kurukshetra). Similarly in the other writ petitions, different works had been awarded to the petitioner vide different letters of different dates. CWP-26171-2023 3

¶5The works in all the aforesaid four civil writ petitions are as under:- Sr. CWP & Title Name of Name of work Date of DNIT Amount No Departmen for which allotment . t and circle contract was of work allotted order

¶1CWP-26171-Haryana construction of 05.06.2015 ₹9,23,15,840/- 2023 State 26380 MT M/s Garg Cooperativ capacity and e Supply godowns Company and (without Vs. Haryana Marketing roofing) with State Federation EI works, CC Cooperative Limited roads, Boundary Supply and (HAFED), Wall, Manager Marketing Panchkula Office, Federation Chowkidar Limited Quarter, P.H. (HAFED) Works, Septic and others tank, Soakage Pit and Underground water tank with Gateman cabin, Drainage system in Food & Supply Department Complex at Bhor Saidan (Distt. Kurukshetra)

¶2CWP-26577-Haryana Construction of 25.07.2023 ₹14,72,26,305/- 2023 State 42200 MT M/s Garg Cooperativ capacity and e Supply godown Company and (without Vs. Haryana Marketing roofing) with EI State Federation works, CC Cooperative Limited roads, Boundary Supply and (HAFED), wall, Manager Marketing Panchkula Office, Federation Chowkidar Limited Quarter, P.H. (HAFED) works, Septic and others tank, soakage CWP-26171-2023 4 Pit and Underground water tank with gateman cabin, Drainage system in Food & Supply Department Complex at Kharkhoda (Distt. Sonepat)

¶3CWP-27280-Municipal Construction of 21.07.2018 ₹38,45,45,223/- 2023 Council, City Square and M/s Garg Kaithal bank square and Building on Company Municipal Vs. Kaithal Land Municipal Measuring 43 Council, kanal 10 marlas Kaithal and in Distt. Kaithal others

¶4CWP-27310-Haryana Development of 10.12.2015 ₹10,37,81,745/- 2023 State Additional New M/s Garg Agricultur Grain Market at and e Uchana Phase-I Company Marketing in District Jind Vs. Haryana Board, State Panchkula Agricultural Marketing Board and another

¶6It appears that certain disputes arose between the parties in all works leading to the filing of the present writ petitions.

¶7During the course of arguments, it has been mutually agreed between the parties that for effective resolution of the disputes, the matter be referred to Arbitration. Learned counsel representing the parties are ad idem that a Single Member Arbitral Tribunal be appointed for each of the works.

¶8Learned counsel for the parties have, with mutual consent, CWP-26171-2023 5 proposed the names of the following Arbitrators:-

¶1Justice S.K. Mittal (Retd.)

¶2Justice R.N. Raina (Retd.)

¶3Justice T.S. Dhindsa (Retd.)

¶4Justice Jaishree Thakur (Retd.)

¶9Since the parties have mutually agreed to get their disputes adjudicated by way of arbitration and have mutually agreed to the names of the Arbitrators, we appoint

¶1Justice S.K. Mittal (Retd.)

¶2Justice R.N. Raina (Retd.)

¶3Justice T.S. Dhindsa (Retd.)

¶4Justice Jaishree Thakur (Retd.) as Arbitrators each of whom will head one of the four Single Member Arbitral Tribunals. The works which shall be dealt with by them are as under:- Justice S.K. Mittal (Retd.) Sr. CWP & Name of Name of work Date of DNIT Amount No. Title Departmen for which allotment t and circle contract was of work allotted order CWP-Haryana construction of 05.06.2015 ₹9,23,15,840/- 26171-State 26380 MT 2023 Cooperativ capacity M/s Garg e Supply godowns and and (without Company Marketing roofing) with Vs. Federation EI works, CC Haryana Limited roads, Boundary State (HAFED), Wall, Manager Cooperativ Panchkula Office, e Supply Chowkidar and Quarter, P.H. Marketing Works, Septic Federation tank, Soakage Limited Pit and (HAFED) Underground and others water tank with Gateman cabin, CWP-26171-2023 6 Drainage system in Food & Supply Department Complex at Bhor Saidan (Distt. Kurukshetra) Justice R.N. Raina (Retd.) CWP-Haryana Construction of 25.07.2023 ₹14,72,26,305/- 26577-State 42200 MT 2023 Cooperativ capacity M/s Garg e Supply godown and and (without Company Marketing roofing) with EI Vs. Federation works, CC Haryana Limited roads, Boundary State (HAFED), wall, Manager Cooperativ Panchkula Office, e Supply Chowkidar and Quarter, P.H. Marketing works, Septic Federation tank, soakage Limited Pit and (HAFED) Underground and others water tank with gateman cabin, Drainage system in Food & Supply Department Complex at Kharkhoda (Distt. Sonepat) Justice T.S. Dhindsa (Retd.) CWP-Municipal Construction of 21.07.2018 ₹38,45,45,223/- 27280-Council, City Square and 2023 Kaithal bank square M/s Garg Building on and Municipal Company Kaithal Land Vs. Measuring 43 Municipal kanal 10 marlas CWP-26171-2023 7 Council, in Distt. Kaithal Kaithal and others Justice Jaishree Thakur (Retd.) CWP-Haryana Development of 10.12.2015 ₹10,37,81,745/- State Additional New 27310-2023 Agricultur Grain Market at M/s Garg e Uchana Phase-I and Marketing in District Jind Company Board, Vs. Panchkula State Agricultura l Marketing Board and another

¶10Learned counsel for the parties are ad-idem that parties shall appear before the concerned Arbitrators within a period of two weeks from the date of receipt of the certified copy of this order for commencement of the Arbitral proceedings. The writ petitions are accordingly disposed of in the aforesaid terms. (ARUN PALLI) (VIKRAM AGGARWAL) JUDG JUDG

16.0!.202! Mamta/Prince Chawla

Whether speaking/reas ne! "es/#

CWP-26171-2023 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision : 16.04.2024 (i) CWP-26171-2023 M/s Garg and Company ...... Petitioner Versus Haryana State Cooperative Supply and Marketing Federation Limited (HAFED) and others ...... Respondents (ii) CWP-26577-2023 M/s Garg and Company ...... Petitioner Versus Haryana State Cooperative Supply and Marketing Federation Limited (HAFED) and others ...... Respondents (iii) CWP-27280-2023 M/s Garg and Company ...... Petitioner Versus Municipal Council, Kaithal and others ...... Respondents (iv) CWP-27310-2023 M/s Garg and Company ...... Petitioner Versus Haryana State Agricultural Marketing Board and another ...... Respondents CWP-26171-2023 2 CORAM : HON'BLE MR. JUSTICE ARUN PALLI HON'BLE MR. JUSTICE VIKRAM AGGARWAL *** Present : Mr. Anmol Rattan Sidhu, Senior Advocate with Mr. Alok Mittal, and Mr. Gurbir Singh Dhillon, Advocates for the petitioner. Mr. Ankur Mittal, Addl. Advocate General, Haryana and Ms. Kushaldeep Kaur, Advocate ***