ATACONS INFRASTRUCTURE PVT. LTD. Vs. THE MANAGER

JUDGEMENT

(1.) CONTENDING inter alia that in the execution of an agreement for construction/upgradation and maintenance of rural road certain disputes have arisen, the petitioner Contractor has filed this application under Section 11(5) and 6 of Arbitration and Conciliation Act, 1996, for appointment of Arbitrator and resolving of dispute by said Arbitrator.

(2.) LEARNED counsel appearing for the respondents however, has raised an objection as to maintainability of said application under 1996 Act on the ground that under the agreement there exists an Arbitration Clause and being a Works Contract the remedy for resolving the dispute lies with the Arbitration Tribunal constituted under the Madhya Pradesh Madhyastham Adhikaran Adhiniyam, 1983. Clause 24 and 25 of the Agreement respectively envisages -

(3.) THOUGH it is contended on behalf of the petitioner that with the decision by Supreme Court in V. A. Tech Escher Wyass Flovel Ltd. v. M. P. S. E. Board and another: : (2011) 13 SCC 261 and A P S Kushwaha (SSI (Unit) v. Municipal Corporation, Gwalior and others: : (2011) 13 SCC 258 the remedy under the Arbitration Clause is not available under 1983 Act, therefore, it is within the right of the petitioner to seek appointment of Arbitrator under 1996 Act.