G R CONSTRUCTION Vs. KRITI MACHINERY PVT LTD

JUDGEMENT

(1.) Application No.7633 of 2015 has been filed under Section 8 of Arbitration Act 1996, to refer the subject matter of C.S.No.730 of 2015 on the file of this Court, for arbitration as per the contract agreement dated nil/2010 entered into between the applicants and respondent relating to development of Plot No.B15 SIPCOT Industrial Park, Oragadam, Chennai.

(2.) It is contended by the learned counsel for the respondent that there is no specific clause in the agreement entered into between the parties to refer the dispute to the arbitrator in the event of any dispute relating to the contract.

(3.) The original agreement is also filed along with the application. Clause 33 of the agreement specifically provides, in case any dispute or difference arise between the parties with regard to the quality of materials used by the Contractor or work done or in respect of delay in completion of works or in respect of payment of extra work required to be done and so executed or in respect of measurement of work done or in respect of delay of payment to the contractors or touching the interpretation, fulfillment of any of the terms of these presents or any other matter arising out of or connection with these presents or carrying out of the work, shall be referred to Architects (M/s.Pithavadian And Partners) in writing for their decision; opinion and if no decision is given by the Architects within 30 days, then both parties can move in Court for Arbitration proceedings.