G.C. KANUNGO Vs. ROURKELA STEEL PLANT

JUDGEMENT

(1.) THE petitioner has filed Misc. Case No. 49 of 2009 to modify the order dated 20.5.2009 to the extent of indicating RMD/1 of 1993 -94 in place of agreement dated 1.4.1991, whereas the opposite parties have filed Misc. Case No. 57 of 2009 for recalling the order dated 20.5.2009 passed in ARBP No.65 of 2008 and order dated 3.9.2009 passed in Misc. Case Nos. 23 and 24 of 2009 arising out of the said arbitration petition urging various factual and legal grounds.

(2.) THE brief facts are stated for the purpose of appreciating the rival legal contentions urged on behalf of the parties with a view to find out as to whether the opposite parties are entitled for the relief sought for in the aforesaid Misc. Case.

(3.) THE petitioner filed a petition before this Court bearing M.J.C. No.18 of 2002 for appointment of an Arbitrator. This court vie order dated 1.10.2007 dismissed the petition for the reason that learned counsel for the petitioner was not able to point out the arbitration clause in the agreement. Apart from that no application appeared to have been filed for invoking the arbitration clause and there was also no averment to that effect in the body of the petition.