NOBLE EXPLOCHEM LTD Vs. KHARE & TARKUNDE

JUDGEMENT

(1.) This is third inning of litigation at the stage of appointment of Arbitrator to adjudicate the dispute as to whether a sum of Rs. 20 Lacs was accepted by the non-applicant M/s. Khare and Tarkunde, Engineers and Contractors (hereinafter referred to as "the Contractors") from the applicant M/s. Noble Explochem Limited (hereinafter referred to as "the Employer") under coercion.

(2.) The brief facts leading to this litigation are that the employer for construction of its factory at Hingni called for tenders from reputed engineers and the offer of the contractors was accepted and an agreement dated 30.4.1984 for civil construction work relating to the factory was executed between the parties. The general conditions of the contract amongst others consist of Clause 48, which provides for reference to arbitration in the event of any dispute and difference of any kind whatever arising out of or in connection with the contract or the carrying out of the works whether during the progress of the works or after their completion and whether before or after the determination, abandonment or breach of the contract. Clause 48 reads thus :

(3.) It would not be out of place to mention that 'Consultant' has been defined in Clause 3 of the agreement, which states that "Consultants" in the said conditions shall mean said Messrs Hadker Prabbhu and Associates or in the event of it being ordered to be or would ceasing to be the Consultant for the purpose of this contract, such person shall be nominated for that purpose by the employer".