C.E. CONSTRUCTION LTD. Vs. INTERTOLL ICS CECONS O&M COMPANY (P) LTD. & ORS.

JUDGEMENT

(1.) The petitioner (hereafter referred to as 'CECL') has filed the present petition under Section 11 of the Arbitration and Conciliation Act, 1996 (hereafter 'the Act'), inter alia, praying as under:-

(2.) In paragraph 1 of the petition, CECL has described the disputes to have arisen out of a tripartite agreement dated 29.01.2004 (hereafter 'the Tripartite Agreement') and a settlement deed dated 17.03.2006 (hereafter 'the Settlement Deed') including other contracts executed between the parties. Admittedly, the Settlement Deed dated 17.03.2006 does not include an arbitration clause. During the course of the arguments, CECL sought to rely on the arbitration clause as contained in the Tripartite Agreement dated 29.01.2004, in support of its prayer for appointment of an arbitrator.

(3.) At the outset, respondent no.1 had disputed the existence of any arbitration agreement between respondent no.1 and the petitioner. It was also pointed out that respondent nos.2, 3 and 4 are not parties to the Tripartite Agreement.