SANJIB BANERJEE,J. - (1.) This is a request under Section 9 of the Arbitration and Conciliation Act, 1996 for the constitution of an arbitral tribunal to adjudicate upon the disputes between the parties relating to the contract for construction or widening of a road.
(2.) The petitioner insists that there is an arbitration agreement between the parties. The respondent has denied the existence of any arbitration agreement.
(3.) No copy of the agreement between the parties is appended to the petition. The petitioner has relied on an extract from the general conditions of contract and has claimed in the petition that Clause 25 of the general conditions containing the arbitration agreement would be applicable to the contract between the parties. The respondent says that the general conditions are circumscribed by the special conditions agreed to between the parties.;