MAHANADI COALFIELDS LTD Vs. B.S.AGRAWAL, ENGINEERS

JUDGEMENT

(1.) Mr. Mohanty, learned advocate appears on behalf of appellant. He submits, his client being aggrieved by the award, had applied to having set aside. The learned court below erred in not setting it aside.

(2.) He submits, there was no arbitration clause. The settlement of disputes by arbitration clause was scored out in agreement dtd. 1/3/1998. This was to knowledge of respondent-contractor. Without prejudice he submits further, respondent had obtained final settlement and payment upon issuing 'no claim' certificate to thereafter raise claim. Thirdly, on each item of claim his client is aggrieved. He hands up brief of documents with copy to Mr. Tiwari, learned advocate appearing on behalf of respondent.

(3.) Perused the application that had been made by appellant under sec. 16, Arbitration and Conciliation Act, 1996. It does not contain any statement regarding scoring out of the arbitration clause in the executed agreement. Perused copy of the agreement from the brief of disclosures. It appears each page of the agreement were signed on behalf of both parties, including the two pages containing scored out arbitration clause. This Court is unable to appreciate as to why the two pages in the agreement, scored out as not applicable to it, bears parties signatures. In absence of the statement before the tribunal regarding facts on scoring out, there is clear presumption that the scoring out was an afterthought. This is prima facie appreciation. On this and other points there will be hearing and adjudication on adjourned date, upon production of the original reference records, which are not in Court but must be produced by the department.