ALCATEL INDIA LTD. Vs. BHARAT SANCHAR NIGAM LTD.

JUDGEMENT

(1.) THE petitioner has filed this application under Section 11 of the Arbitration and Conciliation Act (the Act) for appointment of an arbitrator for resolution of the dispute which has arisen between the parties.

(2.) THE respondent invited tender for supply of certain equipments etc and the petitioner submitted the tender. The parties entered into an arbitration agreement dated 3.12.1998 which contained the terms and conditions. One of the terms of agreement is for reference of the dispute which arise out of and relating to the work under the contract to an arbitrator to be appointed by the respondent. The petitioner served a notice dated 20.3.2001 invoking the arbitration clause contained in the aforesaid agreement but the respondent failed to refer the dispute for arbitration. Hence the petition. [ # ] AA 128/2001

(3.) THE only dispute which is relevant and permissible to be raised in these proceedings is that the notice dated 20.3.2001 invoking the arbitration clause in the agreement has not been served on the respondent. The petitioners have placed a copy of the notice along with the postal registration receipt which showed that the notice was sent to the correct address of the respondent. There is a presumption of the due service of the notice on the respondents. The respondent in the reply does not specifically deny the receipt of the notice but has alleged that it is not on the record of the respondent. The counsel for the petitioner has pointed out to the signature and the stamp of respondent on the copy of the notice dated 20.3.2001 at page No. 73 of document file and the signature and similar stamps appearing on the admitted documents of respondent on file of OMP. No. 35/2001 which was received from another bench for disposal of this petition. The counsel for the respondent did not deny that both signature and stamps were similar. The notice as such has been duly served on the respondent.