SANJIB BANERJEE, J.

The ambit of the authority of the Chief Justice or his designate under Section 11 of the Arbitration and Conciliation Act, 1996 again falls for consideration. The petitioner suggests that as to whether there is a concluded contract between the parties has to be assessed by the arbitral tribunal. The respondent insists that it is for the Chief Justice or his designate to decide whether there is a concluded contract between the parties since, without there being a binding agreement, the arbitration clause would not be operative.

There is little dispute as to the facts, but there is a serious conflict as to the legal effect of the admitted facts. The petitioner circulated bid documents to interested parties for procuring MDPE pipes. The bid documents were made out in five sections, including instructions to the bidder; general conditions of contract; and, special conditions of contract. In the instructions to the bidder, the contents of the bidding documents were specified. Clause 16 of the instructions stipulated that the bid would remain valid for acceptance for four months from the bid due date. Clause 41.1 of the instructions provided that prior to t