- (1.) This application under Section 11 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as 'the Act of 1996') is vehemently contested by the respondents with assertion that arbitral proceeding in the instant matter has already been concluded and an award has already been passed by the standing committee appointed as per clause 23 of the agreement in question, therefore, no direction can be given as prayed for.
(2.) The factual matrix, necessary to be noticed to examine merits of the issue involved, is that the applicant, a partnership firm, entered into an agreement with Executive Engineer, Narmada Canal Project, Division-IV, Sanchore for carrying out work meant for supplying, laying, jointing, testing and commissioning of distribution net-work of High Density Polyethylene (HDPE) pipes including supplying, erection, testing and commissioning of horizontal centrifugal pump and electrical panel etc. suitable for required discharge for semi permanent sprinkler system of commanded area of Bhadrai lift distributary, Dangaria minor system, Virawa minor system, Kothala lift minor system and Bhimthal lift minor system (Narmada Canal Project) including designing and layout the three years operation and maintenance.
(3.) Some disputes arose between the parties and as such certain correspondence was made between them.;