Judgment

Tarun Chatterjee, J. —

1.Delay in filing this special leave petition is condoned.

2.Leave granted.

3.This appeal is directed against the Judgment and Order dated 3rd of August, 2005 in Arbitration Case No. 45 of 2004 passed by the Additional District Judge, Chandigarh, dismissing the application filed by the appellant for appointment of an Arbitrator on the ground that no Arbitration Clause was in existence between the parties.

4.The brief facts leading to the filing of this appeal may be summarized as under:-

A tender was floated by the Post Graduate Institute of Medical Education and Research (in short, “the PGI”) on 21st of December, 2000 for the purchase of Pulse Oxymeters, the format of which contained an arbitration clause. The appellant gave an offer for the tender on 15th of January, 2001, which was accepted by the PGI. Purchase Orders were placed and in compliance with the said Order, the appellant had supplied equipments. The delivery of equipments was also accepted by the PGI and the machineries were installed. The PGI demanded the execution of an agreement containing an arbitration clause on a non-judicial stamp paper duly signed. The appellant signed the agreement