INDIANA CONVEYORS LTD Vs. INDIAN RARE EARTHS LTD

JUDGEMENT

(1.) THIS is an application under section 11 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the "said Act") for appointment of an Arbitrator to resolve the disputes and differences that have arisen between the parties in terms of the agreement dated 22-7-2001.

(2.) THE case has a chequered history as would appear from the following facts : a work order dated 14-7-2001 was issued to the petitioner by the sole opposite party, which is a Government of India Undertaking, in respect of design, supply, erection, testing and commissioning of dry feed system in its mineral separation plant. Clause 22 of the work order, inter alia, provides that general conditions of contract shall form and construe a part of the contract. Clause 12 (3)of the general conditions of contract is as follows :

(3.) THE petitioner's contention is that the aforesaid clause contains the arbitration clause. The opposite party, however, disputes the same.