SRI SHARATH S SHETTY Vs. THE GENERAL MANAGER

JUDGEMENT

(1.) The petitioner is before this Court in this petition filed under Section 11(5) and (6) of the Arbitration and Conciliation Act , 1996 ('the Act' for short) seeking appointment of the Arbitral Tribunal to resolve the dispute between the parties.

(2.) The petitioner and the respondents had entered into a contract agreement dated 08.08.2008 whereunder the petitioner was required to perform certain work for the respondents. The contract between the parties is also regulated by the General Conditions of Contract. It is in that view, the petitioner contending that the General Conditions of Contract provides for resolution of disputes through arbitration and since according to the petitioner, the respondents have not appointed the Arbitral Tribunal despite request by the petitioner, the petitioner is before this Court in this petition.

(3.) The respondents having appeared have filed their objection statement. The contract entered into between the parties is not in dispute. However what is sought to be contended in the objection statement is that though the arbitration clause is contained in Clause 64(i) of the General Conditions of Contract, the issue sought to be raised by the petitioner is an 'excepted matter' and as such, they have sought to rely on Clause 63 thereof to contend that since the procedure as contemplated in Clause 22(5) of the General Conditions of Contract has not been complied by the petitioner, the need for appointing an Arbitral Tribunal in the instant case does not arise. In that view, the instant petition is opposed.