SAIFCO CEMENTS PVT. LIMITED Vs. EASTERN COALFIELDS LIMITED

JUDGEMENT

(1.) The instant application under Section 11 of the Jammu & Kashmir Arbitration and Conciliation Act, 1997 (for brevity, the Act) seeks reference of the dispute between the parties to an arbitrator. It is well settled that in order to succeed for securing such a reference there has to be an arbitration agreement between the parties apart from existence of a dispute.

(2.) Mr. Naik, learned counsel for the petitioner has placed reliance on Clause 14 of the agreement dated 30.04.2008 duly executed between the parties. It is claimed that this Clause fulfills all the attributes of an arbitration agreement and therefore a reference to arbitrator must be made. The aforesaid Clause is set out below in extenso:-

(3.) According to Mr. Naik, Clause 14 have all the attributes of arbitration agreement. In support of his submissions he has placed reliance on paras 5, 8, 9 and 10 of the judgment of Honble the Supreme Court rendered in the case of Punjab State & Ors. V. Dina Nath, 2007 AIR(SC) 2157.