CHABBRAS ASSOCIATES Vs. SUPERINTENDING ENGINEER

JUDGEMENT

(1.) By way of this application filed under Section 11 of the Arbitration and Conciliation Act, 1996 ('the Act of 1996'), the petitioner, said to have entered into a contract with the respondent for execution of the civil work for development of road, has prayed for appointment of an independent arbitrator to adjudicate upon and decide the dispute between the parties.

(2.) It is submitted that the Conditions of Contract annexed to the Agreement dated 23.07.2010 provide for adjudication of dispute through arbitration and the petitioner called upon the respondent to submit itself for arbitration, but the respondent neither replied to the notice nor complied with the demand.

(3.) On being noticed on this application, the respondent has appeared through counsel. Though no statement of objections have been filed, but learned counsel for the respondent has contended that in fact, non-existence of arbitration clause in the contract in question is explicit on the face of the record and, therefore, the petitioner is not entitled for the relief as claimed.