WELSPUN INFRATECH LIMITED Vs. ASHOK KHURANA AND ORS

JUDGEMENT

(1.) THESE petitions arise out of a common background. Number of issues overlap. They have been heard together and are being disposed of by this common order.

(2.) BRIEF facts may be noted at the outset.

(3.) IN response to the notices issued by this Court, respondents have appeared, filed reply and raised several contentions. Principally, the objection to appointment of arbitrator flows from their contention that the arbitration clause in both the agreements required the parties to attempt to settle the disputes amicably before resorting to arbitration and in the present case no such settlement talks having taken place, the request for appointment of arbitrator is premature. The respondents have also opposed the petitions on the ground that the disputes raised by the petitioner in the two notices do not arise out of the arbitration agreements. In other words, according to the respondents, the disputes are not arbitrable.