- (1.) This is an application under section 8 of the Arbitration & Conciliation Act, 1996. It is taken out by the State of West Bengal, the defendant in the suit. Mr. Samrat Sen, learned Advocate appearing for them relies on clause 10 of the agreement between the parties regarding resolution of disputes. This clause is inserted hereunder: 10.0 Resolution of Disputes a. Both the GoWB and the PMSP will try to amicably settle disputes by direct negotiation. b. If no settlement could be reached within a time frame as may be specified, either of the Parties may refer the matter to a Dispute Resolution Board (DRB) to be constituted by the Go WB comprising a panel of eminent engineers experts/retired judges, who will act as reconciliator and communicate their decision upon hearing both the parties, within a specified time limit, which shall be binding on both the parties. c. However, any of the parties aggrieved with such decision, may seek formal arbitration. In accordance with provisions of 'Arbitration and Conciliation Act, 1996'. The arbitrator, while hearing the case, shall give due cognizance to the views expressed by the DRB.
(2.) He submits that there is an arbitration clause and by its operation the parties should be referred to arbitration.
(3.) Mr. S.N. Mitra, learned Senior Advocate for the plaintiff takes the following points:;