BHARUCH AGRICULTURAL Vs. STUP ENGINEERS

JUDGEMENT

(1.) Present petitions are filed by the Bharuch Agricultural Produce Market Committee under Article 226 of the Constitution of India as well as under the provisions of Arbitration & Conciliation Act , 1996 (hereinafter referred to as 'the Arbitration Act '), for the prayer as prayed inter alia that appropriate writ, order or direction may be issued declaring that there does not exist between the parties any arbitration agreement and consequently quashing and setting aside the decision of the arbitrator holding that clause 37 of the tender form issued in pursuance to the advertisement amounts to arbitration agreement between the parties and also prayed for interim relief on the ground stated in the memo of petition.

(2.) The facts of the case briefly summarized are as follows:

(3.) Heard learned advocate Shri V. C. Vaghela for the petitioner and learned advocate Shri H. K. Parmar for the respondent.