DURGA WELDING WORKS Vs. CHIEF ENGINEER, RAILWAY ELECTRIFICATION

JUDGEMENT

(1.) Leave granted.

(2.) The instant appeal has been filed assailing the order dated 26th July, 2019 declining to appoint an Arbitrator in exercise of its power under Section 11(6) of the Arbitration and Conciliation Act, 1996(hereinafter being referred to as "the Act").

(3.) The seminal facts not in dispute are that the tender of the appellant was accepted and the same was communicated by letter dated 30th November, 2006 in reference to which a contract agreement was executed between the parties containing clauses 63 and 64 of the general conditions of contract containing the clause of arbitration for settlement of claims and/or disputes between the parties. Since there were claims which could not be settled, the appellant served a legal notice dated 3rd August, 2009 for appointment of an Arbitrator and for settlement of claims. Although, there was no express reference made of clauses 63 and 64 in the notice, but the pith and substance of the notice dated 3rd August, 2009 was for settlement of disputes through the process of arbitration in terms of the clause of arbitration under general conditions of agreement which is a part of the contract agreement executed between the parties.