ASHOK LEYLAND LIMITED REP BY ITS AUTHORISED SIGNATORY Vs. STATE EXPRESS TRANSPORT CORPORATION TAMIL NADU LIMITED (SETC) REP BY ITS MANAGING DIRECTOR

JUDGEMENT

(1.) This Petition filed under Section 11 of the Arbitration and Conciliation Act, 1996 seeks appointment of an Arbitrator in terms of Article 33 of the agreement dated 12.04.2012 to enter upon reference and decide disputes arising between the petitioner and the respondent.

(2.) Mr.Jayesh B.Dolia, learned counsel appearing on behalf of the petitioner would draw the attention of the Court to the tender documents for the supply of [BSIII and BSIV] Passenger Bus Chassis in Tender No.15/Chassis/CP/IRT2011. The aforesaid document, at clause CC-33, refers to arbitrtation of the disputes, differences and claims arising out of the contract. Pursuant thereto, the Institute of Road Transport (in short, 'IRT') has issued a letter No.15/CP/IRT/2011 dated 21.11.2011 to the petitioner for the supply of chassis. The aforesaid letter contains reference to the terms and conditions laid down in the tender bearing No.15/Chassis/CP/IRT/2011. Thus, according to Mr.Dolia, the arbitration clause stood incorporated vis-a-vis the present transaction between the petitioner and the respondent.

(3.) Mr.Dolia would also draw my attention to the purchase order issued by the respondent to the petitioner for the supply of Passenger Chassis dated 21.11.2011 and a contract agreement for supply of Pass Bus Chassis to State Express Transport Corporation Limited, the respondent herein, bearing contract No.H3/0319/H/SETC/11 dated 28.11.2011. Reference is made, in the recitals to the contract, to the following documents that are stated to constitute part and parcel of the contract: