OM METALS AND MINERALS (P) LTD. Vs. THE HARYANA STATE MINOR IRRIGATION AND TUBEWELL CORPORATION LTD. AND ORS.

JUDGEMENT

(1.) Challenge in the present revision petition is to the order passed by the learned first Appellate Court on 10.5.1997, whereby an application filed by the petitioner for filing of the arbitration agreement and referring the dispute to the Arbitrator in terms of the agreement was declined.

(2.) M/s Haryana State Minor Irrigation and Tubewells Corporation Ltd. (hereinafter referred to as 'the Corporation') invited tenders for the work and of design, fabrication, supply, erection, testing and commissioning of hoists and gantry crane for Massani Barrage Project.

(3.) The tender submitted by the petitioner being lowest was accepted and a purchase order dated 7.1.1988 was issued. In terms of the purchase order, the petitioner was to submit designs/drawings for approval in respect of hoists including lifting arrangement by April, 1988 and in respect of gantry crane including lifting arrangement and rails by June, 1988. The contract was to be completed by July, 1989. Subsequently, an agreement was executed on 14.3.1988 having conveyed the acceptance of such purchase order. It is admitted that such an agreement contains Clause 36 pertaining to reference of disputes to the sole arbitration of the person appointed by the Corporation. The said clause reads as under: