N. GUIN AND CO. Vs. INDIAN OIL CORPORATION LTD.

JUDGEMENT

(1.) This proceeding has been instituted under Sec. 20 of the Arbitration Act for an order that the arbitration agreement be filed in Court and also for an order that an Arbitrator be appointed by the Court.

(2.) The facts relevant for the purpose of this case may be briefly stated. Indian Refineries Limited, a company within the meaning of the Companies Act, 1956 and a Government of India undertaking, had been carrying on business at Gauhati. Tenders had been invited on behalf of the General Manager, Indian Refineries Limited for the work of construction of 100 Nos. 'D' type quarters in sector 1 of the permanent township of the said company at Noonmati, Assam, and in pursuance to the said invitation to tender, M/s. N. Guin & Co. (P.) Ltd., the Plaintiff in the present proceeding, submitted a tender for the said work and it also paid a sum of Rs. 32,210 to the said company being the earnest and/or security money for the said work in terms of the said invitation to tender. By an agreement dated November 4, 1963, between the said Indian Refineries Limited, Noonmati, Gauhati described as the first party of the one part and M/s. N. Guin & Co. (P.) Ltd. called the second party of the other part, the said work was entrusted to the Plaintiff and it was, inter alia, agreed by and between the parties as follows:

(3.) Clause 25 of the 'General Conditions and Conditions of Contract for Works on Item Rate Tender' referred to in Clause 1 hereinbefore stated contains an arbitration clause and is to the following effect: