JUDGMENT (Oral)

(Video-Conferencing)

1. This is a petition under Section 11 (6) of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as "1996 Act"), to refer certain disputes, which have arisen between the petitioner and the respondent, to arbitration.

2. Having heard Mr. Rajeev Sharma, learned counsel for the petitioner and Mr. Prashant Mehta, learned counsel for the respondent at length, I proceed to dispose of the present petition, the issue in the petition being limited.

3. Consequent to a letter of award, dated 30th November, 2011, a contract, for constructing underground link tunnel between the All India Institute of Medical Sciences (AIIMS) and the Jai Prakash Narayan Apex Trauma Centre, was awarded to the petitioner by the respondent.

4. The Agreement provided for resolution of disputes between the parties, initially, by conciliation and thereafter, on failure of conciliatory process, by arbitration. Clause 17.9 of the Agreement, which provided for arbitration, reads thus:

"17.9. If the efforts to resolve all or any of the disputes through conciliation fails, then such disputes or differences, whatsoever arising between the parties, arising out of to