JUDGEMENT
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(1.) Leave granted.
(2.) Controversy lies within a very narrow compass.
(3.) The factual background as projected by the appellant is
as follows:
On 22.12.2003 work order was issued by the respondent
to the appellant. There was a clause for arbitration in the
agreement which was to the following effect:
"41. ARBITRATION
B&R confidently feel that there shall not
arise any disputes or differences during
execution and completion of this order by
the Contractor.
However, in the event of any
disputes or differences arise between
Company (B&R) and Contractor
(hereinafter called the said parties)
touching or concerning the interpretation
of the terms and conditions as
performance of the order or in connection
therewith or the rights and liabilities of
either of the said parties hereto, the said
parties shall endeavour to settle the same
amicably through mutual agreement
between them, but if the mutual
settlement is not possible between the
Company and the Contractor, the
provisions of the Indian Arbitration &
Conciliation Act, 1996 and all statutory
re-enactment and modifications thereof
and the rules made thereunder shall
apply to such arbitrations.";
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