HIGH END QUALITY CONSTRUCTION (P) LTD Vs. CHIEF ENGINEER PUBLIC WORKS DEPARTMENT GOVERNMENT OF PUDUCHERRY

JUDGEMENT

(1.) Mr.N.Thiagarajan, learned counsel on record for petitioner and Ms.V.Usha, learned Additional Government Pleader (Puducherry) on behalf of all the three respondents are before this Court.

(2.) Instant 'Original Petition' ('OP' for brevity) is under Section 11 of 'The Arbitration and Conciliation Act, 1996' (hereinafter 'A and C Act' for the sake of brevity) with a prayer for appointment of an Arbitrator i.e., for constitution of Arbitral Tribunal qua an 'Arbitration Agreement dated 15.06.2017, bearing Reference No.22/PW/YNM/2017-18' (hereinafter 'said Agreement' for brevity).

(3.) This Court is informed without any disputation or contestation that clause 25 of the said Agreement is the Arbitration Agreement between the parties being Arbitration Agreement within the meaning of Section 7 of A and C Act. In other words, Arbitration Agreement between the parties within the meaning of Section 7 of A and C Act, is in the form of a clause in said Agreement. This clause being clause 25 reads as follows: