- (1.) Heard Sri O.P. Lohia, learned counsel for the applicant and Sri Praveen Kumar Srivastava, learned counsel for respondents- Central Organization Railway Electrification Office.
(2.) This is an application under Section 11 of the Arbitration and Conciliation Act, 1956 (hereinafter referred to as the 'Act, 1956') made by M/s Sight Sound Electronics (India) Pvt. Ltd. through its director for appointment of an arbitrator under Section 11 (6) of the Act, 1956. Notices were issued on the application. Counter affidavit has been filed on behalf of respondents- Central Organization Railway Electrification (hereinafter referred to as the "CORE").
(3.) Learned counsel for the parties have admitted before this Court that there is a written contract between the parties. It contains an arbitration clause. Relevant clause of arbitration referred to by both the counsels is quoted herein below: "26. ARBITRATION: 1. (a) For domestic tenderers: In the event of any question, disputes or difference arising under these conditions or any Special "Conditions of Contract. "Instructions to the Tenderers" or in connection with this contract (except as to any matters the decision of which is specifically provided by these conditions or "Instructions to the Tenderers" or the Special Conditions) the same shall be referred to the sole arbitration of a Gazetted Railway Officer appointed to be the Arbitrator, by GM/CORE/Allahabad (INDIA). All proceedings of Arbitration shall be in accordance with the Indian Arbitration & Reconciliation Act, 1996 as amended from time to time. The Gazetted Railway Officer to be appointed as Arbitrator, however, will not be one of those who had an opportunity to deal with the matters to which the contract relates or who in the course of their duties as railway servants had expressed views on all or any of the matters under dispute or difference. The award of the Arbitrator shall be final and binding on parties to this contract.";