PYRITES PHOSPHATES AND CHEMICAL LIMITED Vs. SEBILAN COMPANTA

JUDGEMENT

(1.) Special leave granted.

(2.) The only question involved in this case is whether there was an arbitration agreement between the parties or not. It appears that there was a Charter Party Contract dated 13th June, 1991 which was entered into between the parties in which clause 47 provided that in case of disputes between them the same will be referred to arbitration under the provisions of the Indian Arbitration Act, 1940. Some disputes having arisen, the Union of India appointed respondent No. 2 as arbitrator. Thereupon, respondent No. 1 filed an application in the Civil Court, Cuddalore under Section 33 of the Arbitration Act, 1940, contending that there was no arbitration agreement between the parties, inasmuch as the bill of lading did not refer to any such arbitration clause.

(3.) This plea was accepted by the trial Court and the application of the respondent allowed. The High Court affirmed this view. Hence, this appeal by special leave.