GAIL (INDIA) LIMITED Vs. BETA INFRATECH PRIVATE LIMITED

JUDGEMENT

(1.) The petitioner is seeking appointment of an arbitrator under Section 11(6) of the Arbitration and Conciliation Act, 1996.

(2.) Learned senior counsel for the petitioner submitted that the parties entered into three Gas Transmission Agreements dated 19th October, 2010 in Arb. P. 351/2015, 11th November, 2010 in Arb. P. 359/2015 and 18th November, 2010 in Arb. P. 360/2015. There is a valid arbitration agreement between the parties contained in clause 16 of the aforesaid agreements. The disputes have arisen between the parties whereupon the petitioner invoked the arbitration vide letters dated 05th May, 2015.

(3.) Learned counsel for the respondent did not dispute the existence of valid arbitration agreements and disputes between the parties. Learned counsel for the respondent however opposed the petition on the ground that the respondent has made a complaint against the petitioner before the Petroleum and Natural Gas Regulatory Board for indulging in a restrictive trade practice. It was submitted that the said complaint is pending before the Petroleum and Natural Gas Regulatory Board and, therefore, the petitions for appointment of arbitrator are not maintainable.