M/S.ALKA SECURITY AND SERVICES Vs. SOUTH EASTERN COAL FIELDS LIMITED
HIGH COURT OF MADHYA PRADESH
M/S.Alka Security And Services
SOUTH EASTERN COAL FIELDS LIMITED
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MOHAMMAD RAFIQ,C.J. -
(1.) This application has been filed by applicant M/s Alka Security and Services under Section 11(6) of the Arbitration and Conciliation Act, 1996 (for short "the Act") with the prayer that this Court may appoint any person to act as a Sole Arbitrator in terms of the Arbitration Clause of the Agreement dated 19.01.2011.
(2.) During the course of argument, the learned counsel for the applicant was confronted with Clause 6.6 of the agreement which provides that the contractor shall be responsible for any loss, damage, theft, pilferage and other act of omission or commission of its employees and shall compensate in the event of any damage to man or material, injury or death as the case may be caused directly or indirectly due to the action of the contractor and/or its agent and/or its employees as ascertained by a joint inquiry.
(3.) Learned counsel for the applicant relying upon clause 6.6 of the agreement submitted that in the light of the aforesaid clause, since the joint enquiry was not conducted by the respondent despite the applicant demanding for the same, it should be deemed that disputes are not resolvable by joint enquiry and matter should be referred to arbitration.;
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