KANPUR DEVELOPMENT AUTHORITY KANPUR Vs. U P BUILDERS

JUDGEMENT

(1.) This is an application by the Petitioner for referring the dispute under Section 11 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as 'the Act') and to appoint, preferably the Chief Engineer, Kanpur Development Authority as the Arbitrator.

(2.) There is an agreement between the Petitioner and opposite party No. 1 in which there is a clause, which reads as under:

(3.) I do not propose to go into the controversy as to whether Clause 24 is a clause pertaining to arbitration as the Chief Justice, exercising jurisdiction under Section 11 of the Act in several other cases between the Petitioner and the opposite parties, as set out in paragraph 10 of this petition, has treated the said clause as an arbitration clause and has appointed the Chief Engineer, Kanpur Development Authority as the sole Arbitrator.