J.D.KAPOOR - (1.) . Short question involved for determination in this application under Section 8 is whether the arbitration clause can be invoked after the expiry of the agreemient or contract between the parties or in. the absence of renewal of the expired agreement.
(2.) The facts are more or less broadly bromtited and are as under:
(3.) The applicant floated a tender notice on 16th April, 1982 inviting sealed tenders for offer of shop premises for opening of Indian made Foreign liquor (in short IMFL) shops in various areas of Delhi, Pursuant to this notice plaintiff submitted its tender offering the suit premises for sale of IMFL. As a consequence the parties entered into a licence agreement dated 15th July, 1982. As per clause 4 of the said agreement the licence was granted for a period of one financial year beginning from April, 1982 and ending on 31st March, 1983. Clause 15 of the said agreement was an arbitration clause which is to the following effect:- "If any dispute of differences arises between the parties here to or their representatives or in regards to any other matter under these presents, save as to any matter the decisioon whereo is herein before expressly provided for, the same shall he referred to the solo arbitration of the Chairman of Delhi Tourism Development Corporation Ltd., and if he is unable or unwilling to act, to the sole arbitration some other person appointed by him. It will be no objection to any such appointment that the person appointed is/was an employee of the Corporation or that he had to deal with the matters to which the contracts relates and that in the course of his duties as such employee of the Corpn. He had expressed views on all or any of the matter in dispute or difference. The reference to the Arbitration shall be deemed to be a submission within the meaning of the Arbitration Act, 1940, or any statutory modification or reenactment thereof, and the rules made there under for the time being in force shall apply to such reference and this deed shall be deemed to be submission to such arbitration.";