SURESH RAINA Vs. NATIONAL FERTILIZERS LIMITED

JUDGEMENT

(1.) In this petition filed under section 11 of the Arbitration and Conciliation Act, 1996 (for short 'the Act'), the petitioner seek direction to the named arbitrator to enter into reference and on his refusal to do so, to appoint an arbitrator. Details of claim to be adjudicated have been set out in tabular form in sub para (xxxi) of Para 5 of the petition as under:- "Supplies made under the supervision and arrangement of the petitioner for the following periods:- <FRM>JUDGEMENT_203_ILRDLH11_2003Html1.htm</FRM> <FRM>JUDGEMENT_203_ILRDLH11_2003Html2.htm</FRM>

(2.) In Para No.4 of the reply on merits filed by respondent No.1, it is alleged that clause No.5 of the letter / agreement dated 9th September 1994 does not cover the disputes sought to be referred by the petitioners to arbitration.

(3.) To be noted that by said letter dated 9th September 1993 (at pages 31 to 39) M/s.Good Friends Agencies whereof petitioners are partners, was conveyed appointment as Handling-cum-General Services Contractor for fertilizer supplies to be made to the cooperative and other institutions/agencies in the States of Punjab & Haryana by National Fertilizers Ltd, respondent No.l on the terms and conditions contained therein for a period of 5 years commencing from 1st October 1993. Para 5 of the letter contains an arbitration clause. Indisputably, by the letter dated 6th August 1996 said contract was terminated with immediate effect by respondent No.1. CWP No.2332/97 filed by petitioners against that termination of contract was dismissed by the order dated 1st February. 2000 and LPA No.169/2000 taken out against this order too was dismissed in limine by the order dated 25th April 2000 by a Division Bench of this court observing that it will be open for the petitioners to take appropriate proceedings against respondent No.l before appropriate forum in accordance with law. Thereafter, by the notice dated 5th August 2000 sent through counsel to the Managing Director of respondent No.1, the petitioners demanded nomination of a sole or three arbitrators to adjudicate upon their claims. On failure by said authority to act upon this notice, petitioner filed this petition on 4th November/13th November 2000.