2002 (9) TMI 764

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....zes and types floated by the respondents the petitioner submitted bid(s) which was accepted by respondents. As per terms of contract the petitioner was entitled to a minimum order to the extent of 20% of the tender quantity. Tender Evaluation Committee evaluated the tender differently and finalised the allocation of order to petitioner to the extent of 27.60 LCKM leaving a shortfall of 8.4 LCKM. Further, the respondent withheld releasing 1.04 LCKM out of purchase order of 22.34 LCKM again leaving shortfall of 1.04 LCKM making the total shortfall of 14.7 LCKM. It is alleged that the action of respondents in not placing purchase order for the balance quantity was wholly mala fide. So, the petitioner filed CWP No. 1200/97 in this court but in ....

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....ourt may be appointed as arbitrator to decide the disputes. 2. In the short reply filed on the affidavit of R.N. Bhagat, Assistant Director General (ST) it is stated that a decision has been taken on 4th October, 2001 to appoint R.K. Tyagi, G.M. (Dev.), Haryana Telecom Circle in place of Ram Kumar as arbitrator and the petition has, thus, been rendered infructuous. 3. In the rejoinder filed to reply on the affidavit of P.K. Sharma, Dy. Manager (Legal) of petitioner, it is stated that petitioner is not agreeable to the appointment of R.K. Tyagi as arbitrator as he has been monitoring OMP No. 251/01 filed by the Department against petitioner company challenging the award dated 7th August, 2000 made by Justice P.K. Bahri (Retd.). 4. O....