ASHIM KUMAR BANERJEE, J - (1.) The parlies entered into an agreement Clause 25 of the agreement stipulates as follows: 25. Any dispute in respect to this order the decision of our Managing Director shall be final and binding on both the parties."
(2.) Disputes and differences arose by and between the parties. In terms of the said Clause the petitioner wrote to the Managing Director of the respondents to settle the disputes within 30 days. The Managing Director did not respond, to the. same. However, the letter was replied to by the Advocate for. the respondents, inter alia, contending that the disputes would be decided by the Managing Director of the respondents on December 27, 2004. Uptil date no decision has been arrived at by the Managing Director of the respondents in this regard. At least no such communication has been made by the Managing Director. The present application has been made under Section 11 of the Arbitration & Conciliation Act, 1996, inter alia, inviting this court to appoint an Arbitrator through the Hon'ble Chief Justice in terms of Section 11 of the Act of 1996.
(3.) The respondents have filed an affidavit, inter alia, contending that the sub-clause cannot be interpreted as a reference to arbitration.;