N. CHAURASIA ASSOCIATES Vs. NORTHERN COALFIELDS LIMITED

JUDGEMENT

(1.) HEARD .

(2.) VIDE present application under Section 11(5) of the Arbitration and Conciliation Act, 1996, petitioner seeks appointment of Arbitrator for resolution of dispute said to have arisen out of agreement dated 10.5.2000 for the work cleaning of drains at Nigahi Project, entered into between the petitioner and the respondent. The reference is being sought on the strength of clause 26 of general terms and conditions of the agreement, which is in the following terms:

(3.) WHEREAS the petitioner placing reliance in the case of Smt. Rukmanibai Gupta v. The Collector, Jabalpur ( : AIR 1981 SC 479) has to submit that to decipher any arbitration agreement what is required to be ascertained is whether the parties have agreed that if disputes arise between them in respect of the subject matter of contract such dispute shall be referred to arbitration, then such an arrangement would spell out an arbitration agreement. It is urged that clause 26 of agreement if is read in the context, what has been held in Rukmanibai Gupta (supra), the respondents are not justified in raising an objection of non -availability of arbitration agreement.