LAWS(MPH)-2019-2-218

VENKATESH EARTHEN PRIVATE LTD. Vs. UNION OF INDIA

Decided On February 14, 2019
Venkatesh Earthen Private Ltd. Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) With consent, the matter is finally heard.

(2.) During the course of hearing, learned counsel for the parties fairly submitted that there exists an arbitration clause in the contract, a living dispute which needs resolution by appointment of an Arbitrator but the only impediment because of which respondents have not appointed the Arbitrator is that the applicant has not fulfilled the formalities as per Clause 64 of the agreement. Thus, the core issue is whether in the facts and circumstances of this case, the applicant's prayer can be granted when the applicant has not fulfilled the requirement of Clause 64.

(3.) No other point is pressed by learned counsel for the parties.