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2005 Supreme(Del) 1058

BADAR DURREZ AHMED
APPAREL EXPORT PROMOTION COUNCIL – Appellant
Versus
PRABHATI PATNI, PROPRIETOR COMFORT FURNISHERS – Respondent


BADAR DURREZ AHMED, J.

( 1 ) THE question that arises for consideration is whether this court has jurisdiction to entertain the OMP no. 34/2000 filed by the petitioner praying for the rejection of the award dated 31. 10. 1999 made by the respondent No. 2.

( 2 ) THE facts leading to the filing of the petition (OMP No. 34/2000) are as follows. The petitioner and the respondent No. 1 entered into an agreement on 01. 07. 1992. In terms of clause 4. 9 of the conditions of contract governing the said agreement, disputes between the parties were to be settled by reference to arbitration. Clause 4. 9, so much as is relevant, is reporduced hereinbelow:-

4. 9 Arbitration. 4. 9. 1 Settlement of Disputes. In case any dispute or difference shall arises between the parties either upon any question relating to the meaning of the specifications, designs, drawings and instructions herein before mentioned or these conditions, or otherwise concerning the work, or the execution, or failure to execute the same, whether arising during the progress of the work, or after the completion or abandonment thereof, or as to the breach of this contract, then either party shall forthwith dispute or difference shal





































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