FRIENDS PROJECTS PRIVATE LIMITED, GOVIND NAGAR, KANPUR (U.P.) Vs. INDIAN OIL CORPORATION LIMITED, KARNATAKA STATE OFFICE, P. KALINGA RAO ROAD, BANGALORE

JUDGEMENT

(1.) The petitioner is before this Court in this petition filed under Sec. 11(6) of the Arbitration and Conciliation Act, 1996 seeking appointment of an Arbitrator to resolve the dispute between the parties.

(2.) At the first instance, the respondent though served was not represented and in that circumstance, the instant petition was disposed of by the order dated 25-1-2016 whereby this Court had appointed the learned Arbitrator to resolve the dispute between the parties. On receipt of notice from the Arbitrator, the respondent have thereafter filed a review petition in R.P. No. 205 of 2015 before this Court. This Court through the order dated 22-6-2015 allowed the same by reviewing the order and the petition was restored for reconsideration. It is in that circumstance the present petition has arisen for consideration.

(3.) Learned Counsel for the petitioner at this stage would also submit that the respondent in the referred arbitration matter at an earlier point had appeared and filed their version as against the claim petition filed by the petitioner. Though such contention is urged, considering that the same was not one of the aspects which had been taken into consideration when the review petition was considered, I am of the opinion that at this juncture all that is necessary to be taken note is as to whether there is an arbitration clause in the agreement guiding the parties and as to whether on the other hand the contention put forth by the learned Counsel for the respondent that there is no such arbitration clause is what requires consideration.