R.B.MEHROTRA, J. - (1.) EM and EM Associates, a partnership firm filed a Suit No. 762/87 under Sections 8 and 20 of the Arbitration Act impleading Oil and Natural Gas Commission, Dehradun as opposite party in the suit and claimed relief that the dispute arising out of an agreement entered into between the plaintiff and opposite party be referred to the Arbitrator as per Clause 25 of the agreement. In the application, which has been termed as a suit before the Court, the plaintiff-petitioner contended that in response to a tender enquiry floated by the respondent for interior work in Management Block in IDT, Kaulagarh Road, Dehradun, the petitioner submitted its tender, which was accepted by the respondent vide their letter dated 24-6-1985. In pursuance of the acceptance of tender a formal agreement bearing No. 11/85-86/IDT dated 2-7-1985 was entered into between the parties. It was contended that the dispute has arisen out of the aforesaid agreement regarding payment of bills of the plaintiff-opposite party and the additional claims which the plaintiff was making has been negatived by the opposite party giving rise to the aforesaid dispute. The relief quoted above was claimed in the suit.
(2.) Likewise another suit application being Application No. 768 of 1987 was filed in the same Court between the same party for the same relief. In this suit it was stated that in response to the tender enquiry floated by the defendant for partitioning and pending work in the new Administrative Block Building Tel Bhawan, Dehradun. The plaintiff submitted its tender which was after negotiations and discussions accepted by the defendant vide its letter dated 15-11-1985. In pursuance thereto, the formal agreement was entered into between the parties on 7-12-1985. In relation to the aforesaid contract also it was contended by the plaintiff in the grounds stated in the plaint that the dispute has arisen regarding payment of bills of the plaintiff, and additional claim made by the plaintiff in performance of the contract.
(3.) Both the aforesaid suits were contested by Oil and Natural Gas Commission and a detailed written statement was filed in both the cases. Both the aforesaid suit applications were allowed by the IInd Additional Civil Judge, Dehradun vide his order dated 27-3-1991 and it was held that the dispute has arisen between the parties in regard to the agreement entered into between the parties and the matter may be referred to the Arbitrator as mentioned in Clause 25 of the agreement.;