- (1.) Learned counsel for the petitioner submitted that this application has been preferred under Subsection 6 of Section 11 of the Arbitration and Conciliation Act, 1996 in view of arbitration clause no. 23 of an agreement dated 21st July, 2003 which is at Annexure1 to the memo of this application.
(2.) Clause no. 23 of the agreement reads as under: "Clause 23: In case any dispute or difference shall arise between the parties or either of there upon any question relating to the meaning of the specifications, designs, drawings and instructions here before mentioned or as to the quality of workmanship or materials used on the work or as to the construction of any of the conditions or any clause or thing there in contained or as to any question, claim, rights of the parties, or any matter, or things whatsoever in any way arising out of or relating to the contract designs, drawings specifications, estimates, instruction order of these conditions or otherwise concerning the work or the execution, or failure to execute the same whether arising during the progress of the work of alter the completion or abondment thereof or as the breach of those contract then either party shall forthwith give to the order notice of such dispute or difference and such dispute or difference shall be referred to the Superintending Engineer of the circle and his decision there on shall be final, conclusive and binding on all the parties."
(3.) It is further submitted by learned counsel for the petitioner that the dispute has arisen between the parties arising out of the aforesaid contract and, hence, notice was given on 12th July, 2007 for appointment of the Arbitrator, but, the opposite parties have not appointed any Arbitrator and, therefore, this application has been preferred.;