AVADH BEHARI ROHATGI
AIR FOAM INDUSTRIES PRIVATE LIMITED – Appellant
Versus
UNION OF INDIA – Respondent
( 1 ) THIS is an application under Section 41 and Schedule 2 of the Arbitration Act read with Order 39, Rule 2 and Section 151 of the Code of Civil Procedure.
( 2 ) THE brief facts are as follows: The petitioner entered into a contract with the respondent Union of India. The contract is contained in the Acceptance of Tender dated July 16, 1968. The Acceptance of Tender is subject to the conditions of contract laid down in Form No. DGS and D 1968 revised upto 1966. These are standard terms. These terms are generally annexed to the contract which is entered into by the purchaser, Union of India with the seller or supplier of goods. One of the terms, Cl. 24 of this contract deals with the settlement of disputes by arbitration.
( 3 ) ON April 24. 1971, the petitioner made a petition under Section 20 of the Indian Arbitration Act calling upon the Court to file the arbitration agreement as contained in clause 24 of the general conditions of the contract. In this petition it was alleged that the Acceptance of Tender contains an arbitration clause and that disputes and differences have arisen between the parties. It was said that for the settlement of disputes and differences t
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