LAWS(DLH)-2019-1-346

MANGALORE REFINERY & PETROCHEMICALS LTD Vs. MICRO AND SMALL ENTERPRISES FACILITATION COUNCIL & ANR

Decided On January 24, 2019
Mangalore Refinery And Petrochemicals Ltd Appellant
V/S
Micro And Small Enterprises Facilitation Council And Anr Respondents

JUDGEMENT

(1.) The petitioner has filed the present petition, inter alia, impugning an order dated 16.06.2016 passed by respondent no. 1 (the Micro and Small Enterprises Facilitation Council hereafter 'the Council'), whereby the petitioner and respondent no.2 (Driplex Water Engineering Ltd.) were referred to arbitration under the aegis of the Delhi International Arbitration Centre (DIAC).

(2.) The principal controversy raised in the present petition is that the impugned order falls foul of the arbitration clause, as contained in the Agreement entered into between the concerned parties. It is the petitioner's case that the Council has no jurisdiction to refer the disputes contrary to the express terms of the arbitration agreement (arbitration clause).

(3.) Briefly stated, the relevant controversy arises in the following context: