SANDIP INDUSTRIES Vs. SUPERPACK

JUDGEMENT

(1.) These are the appeals under Clause 15 of the Letters Patent Act whereby a challenge is made to a common order passed by the Single Judge of this Court in Writ Petition No. 3559/07 and 3563/07 dated 3.4.2008, that resulted into confirmation of the order passed by the Arbitrator whereby an application under Section 16(1) of the Arbitration and Conciliation Act, 1996 ("Arbitration Act" for short) has been rejected by holding that there exists an arbitration Clause in the agreement and the matter need not be referred to the Civil Court for any such decision; the appointment of the Arbitrator is as per agreement and lastly, the Arbitrator has jurisdiction to decide the present dispute between the parties.

(2.) The basic Clauses of agreement/agreements dated 21-4-2005 are as under:

(3.) Section 16 as relevant of Arbitration Act is reproduced as under: