Sanjib Banerjee

1. THE petitioner has applied under section 11(6) of the Arbitration and Conciliation Act, 1996 with a request for necessary measures to be taken for constituting an arbitral tribunal to adjudicate upon the disputes covered by the arbitration agreement that the petitioner sets up. The respondent has denied the existence of the arbitration agreement.

2. THERE is no dispute that following a notice inviting tender and the petitioner's offer thereupon, a work order was issued in favour of the petitioner for handling and despatch of iron ore fines from Thakurani/Barbil siding to the ports of Paradip, Haldia and Gopalpur by rail and by road. The work included port handling, stacking and stevedoring operations. The work order contemplated a formal agreement being executed. The work order was to remain valid for the period upto December, 2008 with a provision for extension thereof based on the performance of the petitioner. The performance was to be reviewed every three months. Clause 17 of the work order dated January 22, 2008 provided as follows:

"17. CONTRACT: A written Agreement will be executed between OSL and OMDC within 7 (seven) days of issuance of the Work