KELKAR AND KELKAR Vs. INDIAN AIRLINES

JUDGEMENT

(1.) THIS suit has been filed for an order under section 20 of the Arbitration Act, 1940 (for short, the Act) to file the arbitration agreement in this Court and for an order of reference to arbitration in accordance therewith.

(2.) BRIEFLY stated, the relevant facts are as under :

(3.) THERE is no dispute as to existence of the arbitration agreement between the parties for reference of disputes or differences arising out of or in relation to the said contract to arbitration. Mr. Kamdar, the learned Counsel appearing for defendants, has, however, submitted that no reference to arbitration as per the arbitration agreement between the plaintiffs and 1st defendants can be made since in view of the two letters both dated 12th November, 1993 addressed by the plaintiffs to the Regional Director of the 1st defendants, the copies whereof are annexed as Exhs. 1 and 2 to the affidavit-in-reply of one D. B. Vaidya. Sr. Manager (Civil Engineering) of the 1st defendants affirmed on 4th July, 1995, no arbitrable dispute is in existence between the plaintiffs and 1st defendants.