UNITED SHIPPERS LIMITED Vs. TATA POWER COMPANY LIMITED

JUDGEMENT

(1.) THIS is an application under section 11 of the Arbitration & Conciliation Act, 1996.

(2.) THE parties had entered into an agreement dated 25th March, 2003, for transporting coal. The Applicant had agreed to perform and provide services necessary for the successful transport of coal from the mother vessel to the railway siding and loading the same onto rakes for delivery to the Respondent's Trombay Terminal Power Station. The agreement was valid for the period 16th February, 2003 to 31st March, 2004. Clause 29 thereof contained an arbitration agreement which reads as under:-

(3.) MR. Dwarkadas, the learned senior counsel appearing on behalf of the Respondent submitted that the first agreement dated 25th March, 2003, is closed and that there are no disputes subsisting thereunder. In support of this submission, he relied upon a credit note dated 31st March, 2005 issued by the Applicant. He also relied upon the averments in paragraph 35 of the affidavit-in-reply to the same effect.