1. Short but contentious issue which arises for consideration in these petitions relates to the existence of ‘Arbitration Agreement’ or otherwise between the parties namely whether there exists an agreement between the parties for referring the dispute between them for being adjudicated by an Arbitral Tribunal.

BACKGROUND OF THE CASE:

2. Petitioners are all claiming to be licensed contractors of Bangalore Mahanagara Palike (for short ‘BMP’) who were given contract for cleaning, sweeping and transportation of municipal solid waste pursuant to the tender notification dated 12.12.2005. Initially the contract was entered into between the parties for a period of three years from 15.03.2007 and was extended from time to time. Petitioners have contended during the subsistence of the contract dispute arose between them and the respondent relating to payment of ‘Lead charges’ and on account of deductions being made in respect of bills raised by the petitioners and from out of the running bills, which the respondent was not entitled to deduct, they raised a claim for compensatory payments. It is stated that petitioners had approached this court in W.P.33663-33691/2009 and connected mat