V K CONSTRUCTION WORKS P LTD Vs. FOOD CORPN OF INDIA

JUDGEMENT

(1.) THIS appeal at the instance of the plaintiff is directed against the order dt. 5-2-1983 of the trial Court rejecting the petition of the plaintiff dt. 5-2-1982 seeking the filing of the agreement between them under the Indian Arbitration Act, 1940, hereinafter referred to as the Act, and referring the dispute between the parties to an arbitrator in terms of S.20 of the said Act.

(2.) THE trial Court dismissed the application of the plaintiff on the ground that the provisions of S.20 of the Act were inapplicable.

(3.) THE arbitration clause in the agreement in the present case, which according to the learned counsel for the defendant-respondent, foreclosed the arbitration in the matter, runs as follows :-