INDERJIT BADHWAR Vs. TARA PRESS

JUDGEMENT

(1.) The petitioner has filed this petition under Section 11 (5) of the Arbitration and Conciliation Act, 1996 (hereinafter referred as 'the Act') for appointment of an arbitrator.

(2.) Undisputedly, the petitioner and respondent had entered into a publishing agreement dated 23.11.2001 whereby the petitioner assigned certain rights in respect of the literary work written by the petitioner. The copy of the publishing agreement is annexed with the petition and clause No.26 thereof notes as under:-

(3.) Though the learned counsel for the respondent argued a bare reading of the arbitration clause would reveal that it is not applicable to the disputes pertaining under the contract since clause 26 relate only to the disputes which fall under the Indian Penal Code, but I disagree with this contention of the respondent since the word 'Indian Penal Code' is nothing but a typographical mistake in drafting of the agreement wherein instead of the Arbitration and Conciliation Act, the word 'Indian Penal Code' is inscribed.