ION EXCHANGE (INDIA) LTD Vs. LANCO INFRATECH LTD

JUDGEMENT

(1.) The Appellant/2nd Defendant has focussed the instant O.S.A.No.184 of 2011 as against the order dated 09.11.2010 in Application No.4227 of 2005 in C.S.No.650 of 2005 passed by the Learned Single Judge.

(2.) The Learned Single Judge, while passing the common order, dated 09.11.2010, in Application No.4227 of 2005 & Application No.5362 of 2007 in C.S.No.650 of 2005, in paragraph Nos.6 and 8, had observed as follows:

(3.) Admittedly, as seen from the Purchase Order for water treatment plant dated 05.04.1999, Clause 49.0.0 deals with 'Settlement of Disputes'. Further, Clause 49.1.0 enjoins that 'Any disputes or differences including those considered as such by only one of the parties arising out of or in connection with the ORDER shall be to the extent possible settled amicably between the parties'. Added further, Clause 49.2.0 mentions that 'If amicable settlement cannot be reached, then all disputed issues shall be settled by arbitration as provided in the Clause'. That apart, Clause 50.0.0 categorically states that 'All disputes/differences whatsoever, which shall arise between parties hereto during the continuance of this Order/Contract or afterwards, touching this 'Order/Contract or the construction or application thereof or any clause contained on the rights, duties, liabilities of either party in connection therewith, shall be referred to a sole arbitrator to be appointed with the consent of both the parties. The place of arbitration shall be Chennai and the arbitrator appointed shall have held the office of a Judge of any Indian High Court or Supreme Court of India' etc.