VIPIN SANGHI
Tiong Woon Project & Contracting Pvt. Ltd. – Appellant
Versus
Naftogaz India Pvt. Ltd. – Respondent
Vipin Sanghi, J.
1. Since Mr. Mayank Goel has appeared for Official Liquidator as defendant No.1 company is under liquidation, Mr. Siddharth Khattar is discharged in the matter.
I.A. No. 10958/2012
2. This application has been moved by defendant No.1 under Section 8 of the Arbitration & Conciliation Act, 1996 to seek reference of disputes between the plaintiff and defendant No.1 to arbitration on the premise that the work order contract dated 14.11.2008 entered into between the plaintiff and defendant No.1 contains an arbitration clause. The defendant No.1 is the principal contractor in respect the contract awarded by defendant No.2. A part of the work was sub-contracted to the plaintiff, namely for provision & erection of cranes of coke drums (2 Nos.) and fractionators column (1 No.). The work order issued by defendant No.1 in favour of the plaintiff dated 14.11.2008, no doubt, contains an arbitration clause in clause 24 of the work order, which reads as follows:-
“Unless otherwise specified in all cases of dispute that cannot be settled by mutual negotiations, the matter shall be referred for arbitration in accordance with the Arbitration & Conciliation Act 1996 of India wi
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