Manmohan Sarin, J. (Oral ).

( 1 ) THIS is a petition filed under Section 9 of the Arbitration and Conciliation Act, 1996. Notice of the petition was issued to respondent on 19. 11. 1999 for today. The petition is taken up for disposal with the consent of the counsel for the parties, who have been heard.

( 2 ) PETITIONER had entered into a contract with the respondent for the supply of Black Liquor Evaporator Plant used in the manufacture of paper. The contract was entered into on 19. 1. 1996. The plant has been supplied and as per the petitioner it has been delivered, installed and commissioned on 13. 11. 1997. Petitioner s grievance is that the respondents who are complaining of under performance of the plant have not provided adequate opportunity to the petitioner to improve the performance of the plant by taking appropriate measures. Petitioner is stated to be ready and willing to improve the performance of the plant and rectify the defects, if any. Learned counsel for the petitioner submits that petitioner had suggested measures, as late as on 30. 10. 1999, for improvement in the performance of the plant. It is stated that arbitration clause of the contract has been invoked by

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