The Petitioners have invoked Section 14 (2) of the Arbitration and Conciliation Act, 1996 (for short, the Arbitration Act, 1996) as there exists arbitration clause in the agreement, and thereby seeking declaration that the mandate of Arbitrator nominated by the Director (Marketing) of the Respondents pursuance to the Arbitration clause contained in the tender inquiry stands terminated.

2 The Petitioners participated in a tender inquiry by the Respondents as tender documents were forwarded to the Petitioners along with other six. Various pre-bid meetings took place between 4 August 1999 to 17 October 2000. In the meantime, one France company appointed the Petitioners for casting and assembling of batch controllers for the entire world. There was no clause where the Petitioners were restricted to import or deal in or to supply (all that batch controllers) any other make. The Petitioners on 17 October 2000, as the Respondents inquiry was at negotiations stage, expressed inability to supply a flow meters and accordingly requested to modify the terms. The Respondents ultimately without accepting the Petitioners offer, placed order with other company and lodged a claim as compen