JUDGMENT

1. This is an application filed under Section 11 of the arbitration and Conciliation act, 1996 (for short, 'the act') whereby the applicant has prayed for appointment of an arbitral tribunal to adjudicate the disputes and differences which have arisen between the parties under the purchase orders which were issued by the respondent, the details of which are set out in paragraph 2 of the application.

2. The purchase orders are annexed to the application at page 22 onwards (Exhibit a-1 to Exhibit a-13). a perusal of the purchase orders in no manner indicates that there is an arbitration agreement between the parties. However, it appears that in executing the purchase orders the applicant issued tax invoices and in the tax invoices, which are the printed forms, in a column 'Terms & conditions' the following clause was incorporated :-

'1) all or any disputes or differences that may arise between the parties hereto shall be referred to the arbitration of a sole arbitrator to be appointed by CONCRETE aDDITIVES & CHEMICaLS PVT. LTD. The arbitration proceedings shall be governed by the provisions of the arbitration & Conciliation act, 1996. The venue of the arbitration shall be at Mu