SHREEJIKRUPA PROJECT LTD Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) THE question falls for consideration of this Court is whether in view of provisions contained in M.P./C.G. Madhyastham Adhikaran Adhiniyam, 1983 (for short 'the Adhiniyam of 1983), the instant application filed under Section 11 (6) of the Arbitration and Conciliation Act, 1996 (henceforth 'the Act of 1996') for appointment of sole Arbitrator is maintainable?

(2.) THE applicant-firm entered into a works contract on 6.9.2006 with the respondents for the work of construction of New Engineering College building at Sejbahar, Raipur (C.G.). The agreement entered into between the parties contains an arbitration clause, i.e., clause - 28, which reads as under: ARBITRATION CLAUSE:

(3.) SHRI A.K.Mishra, learned counsel appearing for the applicant, would submit: the judgment of Supreme Court passed in Civil Appeal 3747/2005, parties being Va Tech Escher Wyass Flovel Ltd. v. M.P.S.E.B and another1, squarely applies in the facts and circumstances of the case, inasmuch as, the agreement in the instant case contains an arbitration clause, and therefore, this application filed under Section 11 (6) of the Act of 1996 is maintainable.