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1997 Supreme(Cal) 148

SUJIT KUMAR SINHA
ITC CLASSIC FINANCE LTD. – Appellant
Versus
GRAPCO MINING AND CO. LTD. – Respondent


Advocates Appeared:
A.MISHRA, S.K.GUPTA

SUJIT KUMAR SINHA, J.

( 1 ) THIS is an application by the defendants/petitioners under S. 8 of the Arbitration and Conciliation Act, 1996 ("the said Act" for short) inter alia for an order for reference of the claim of the plaintiff in this suit to arbitration in terms of the arbitration agreements entered into by and between the plaintiff and the first petitioner Grapco Mining and Co. Ltd. The said arbitration agreements are contained in two several lease agreements respectively dt. 9th Sept. 1994 and 21st Oct, 1994. The said lease agreements are signed by the plaintiff and the first petitioner. The said lease agreements are both annexures to the present application

( 2 ) THE arbitration clauses contained in the aforesaid lease agreements are identical and it would be convenient at this stage to set out one of the said arbitration clause (at page 72 of the petition) :-"except where it has been provided otherwise, any dispute or difference arising out of or in connection with the agreement between the parties including any dispute or difference relating to the interpretation of the agreement or any clause thereof shall be referred to the sole arbitration of a person appointed by. .





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