M.Y.EQBAL, J. - (1.) I have heard Mr. G.N. Chandra, learned counsel appearing for the petitioner and Mr. Rajiv Ranjan, learned counsel appearing for the respondent on this petition filed under Sec.11(6) of the Arbitration and Conciliation Act, 1996 praying inter alia, for appointment of an independent Arbitrator for deciding the dispute arose between the parties.
(2.) THE facts of the case lie in narrow compass. The petitioner is S.S.I. unit situated in Bokaro Industrial Area said to have been given ancillary status to Bokaro Steel Plant to cater the needs of the mother plant. The petitioner was registered for job works of the P.P.S. of Bokaro Steel Plant and it was awarded various jobs from P.P.S. of Bokaro Steel Plant on labour rates/Job rates basis. It is stated that the Bokaro Steel Plant issued materials for machining works on job rate basis. The Central Excise Department issued various letters to the petitioner for payment of Excise duty on the jobs done by it. The matter was raised with the respondent for payment of Excise duty and a meeting was held in which it was alleged to have been decided that the payment of Excise duty shall be taken care of by the Bokaro Steel Plant. The petitioner 'scase is that despite the decision taken by the respondent, they have kept silent in the matter inspite of requests made by the petitioner. By filing a supplementary affidavit, the petitioner has stated that the respondent now asked its officers to furnish materials relating to the demand of Excise duty for filing an appeal and as per the direction of the respondent the petitioner submitted all connecting papers to the excise consultant to B.S.L. at Kolkata for filing appeal.
(3.) THE respondent in their counter -affidavit mainly contended that the Excise duty is payable by the petitioner.;