AVADH BEHARI ROHATGI

( 1 ) ORAL. This is an application under sections 5, 11 and 33 of the Arbitration Act.

( 2 ) THE parties entered into an agreement dated 24th February, 1978. One of the terms of this agreement is as under :

"if at any time any question, dispute or difference, whatsoever shall arise between the parties to this agreement, upon, in relation to, or in connection with this agreement, either of the parties may give to the other notice in writing of the existence of such question, dispute or difference and the same shall be referred to arbitration and such submission shall be deemed to be a submission under the relevant provisions of "the Arbitration Act of 1940 or any statutory modification or re-enactment thereof. The award so given shall be final and binding on both the parties. The venue of arbitration shall be at Delhi. "

"this is an arbitration clause. Acting under this clause respondents 1 to 5 in their notice dated 10-4-1980 informed the petitioners that they have certain disputes with them which have remained unsettled. The notice then said that in terms of this clause they were appointing Shri K. K. Khullar, Respondent No. 6. as arbitrator in the above case to

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