ORDER :

Civil Appeal No. 3746 of 2005

1. Heard learned counsel for the parties. This Appeal has been filed against the impugned judgment of the High Court of Madhya Pradesh dated 05th March, 2003.

2. It appears that the appellant was awarded a work contract by the respondents. There was some dispute between the parties and there is an arbitration clause in the agreement.

3. Appellant filed an application under Section 9 of the Arbitration and Conciliation Act, 1996 (for short ‘the 1996 Act’) which was rejected by the learned Additional District Judge and that order has been upheld by the High Court. Hence, this appeal.

4. Section 7(1) of the Madhya Pradesh Madhyastham Adhikaran Adhiniyam, 1983 (for short ‘the 1983 Act’) provides as follows:

“7. Reference to Tribunal - (1) Either party to a works contract shall irrespective of the fact whether the agreement contains an arbitration clause or not, refer in writing the dispute to the Tribunal.”

5. Subsequently, the Parliament enacted the 1996 Act. The 1996 Act only applies where there is an arbitration clause but it does not apply where there is none. The 1996 Act covers all kinds of disputes including the dispute relating to work contracts.

6