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2017 Supreme(SC) 1344

ROHINTON FALI NARIMAN, SANJAY KISHAN KAUL
Pile Engineering India (P) Ltd. Thr. Its M. D. Manoranjan Kumar Sinha – Appellant
Versus
Bihar Rajya Pul Nirman Nigam Ltd – Respondent


Advocates Appeared:
For the Appellant :Devashish Bharuka, Gaurav Parthap Singh, Ms. Anu Tyagi, Ms. Himanjali Gautam, Advocates.
For the Respondent:Nagendra Rai, Sr. Adv., Smarhar Singh, Shantanu Sagar, Advocates.

ORDER :

Leave granted.

2. Heard the learned counsel appearing for the parties.

3. This matter has a somewhat chequered history. In that an award that was passed on 25.07.2004 for a sum of Rs.12,09,000/- was upheld by a learned Single Judge of the Patna High Court on 16.02.2012. However, in an appeal to this Court, this Court by an order dated 12.09.2013, remanded the matter to decide whether there was an arbitration clause in point of fact between the parties. On remand, the impugned judgment dated 16.04.2014 has held that Clause 23 of the Agreement between the parties dated 12.10.1999 did not amount to an arbitration clause.

Clause 23 reads as follows:-

"Clause 23: In case any dispute or difference shall arise between the parties or either of them upon any question relating to the meaning of the specifications, designs, drawings and instruction, herein before mentioned or to the quality of workmanship of materials used on the work, or as to the construction of any of the conditions or any clause or thing therein contained, or as to any question, claim, rights or liabilities of the parties, or any matter, or thing whatsoever, in any way arising out of, or relating to the contract, desig




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