ACC LTD Vs. SUBRAT RANJAN DASH

JUDGEMENT

(1.) Mr. Acharya, learned advocate appears on behalf of appellant. He submits, there were two agreements entered into between his client as principal and respondent as the clearing and forwarding (C&F) agent. The first agreement was executed on 1/4/2005. Clause-26 in it is reproduced below.

(2.) On 25/7/2007 another agreement was executed between the parties. Said agreement was given retrospective commencement from 1/7/2007. Clause-22 in it provided for arbitration. Under the clause, reference of disputes could only be of disputes arising out of, or in relation to said agreement or any interpretation or implementation of any clause including any dispute with respect to the existence or validity thereof or the breach thereof. He submits, of the claims awarded, except claim no.9, the awards were in respect of disputes arising out of the earlier agreement. It could not have been arbitrated upon by the Tribunal. His client made application under sec. 16 in Arbitration and Conciliation Act, 1996. Paragraph 4 from the application is reproduced below.

(3.) With reference to reasoning in impugned judgment dtd. 15/11/2019 he submits, though the Court below struck down award on claim nos. 1 and 6 as relating to period prior to the 2005 agreement, on ground that no reason was assigned in the award, said Court erred, as apparent on face of the judgment, in thereby taking into consideration claims arisen under the 2005 agreement. He reiterates, said agreement had no arbitration clause. He refers to a passage in the judgment, reproduced below.