PHANI BHUSHAN KANUNGO Vs. PARADEEP PHOSPHATES LTD

JUDGEMENT

(1.) Heard learned Counsels for the parties. This application has been filed under Section 11 of the Arbitration and Conciliation Act, 1996 (in short, the "Act"). There is no dispute that the contract contains an arbitration clause whereunder each party is to nominate its own Arbitrator and the two Arbitrators so nominated are to nominate a third Arbitrator

(2.) Learned Counsel appearing for the opposite parties has contended that it cannot be said that any dispute has arisen as the petitioner before approaching this Forum had not given the bills/vouchers for ascertaining the amount payable.

(3.) In view of the provisions contained in Section 16 of the Act, the question as to whether there is any dispute or not can also be decided by the Arbitrator. In such view of the matter, it is. not necessary for me to consider this aspect as all questions including the question as to whether there exists any dispute or not can be determined by the Arbitral Tribunal.