JUDGMENT :

Heard Mr. D. Baruah, learned counsel assisted by Ms. N. Upadhyay and Mr. S. Khound, learned counsel for the petitioner. Also heard Mr. K.N. Choudhury, learned Senior Counsel assisted by Mr. A.K. Rai and Mr. N. Alam, learned counsel for the respondents.

2. The present petition has been filed under Section 11 of the Arbitration and Conciliation Act, 1996 for appointment of an arbitrator for resolution of the disputes which according to the petitioner had arisen with the respondents, which however, has been contested by the respondents on the ground that the disputes are not arbitrable.

3. As per the law as it stands today, reference to arbitration is the norm and adjudication by the court/tribunal, the exception.

4. However, before we proceed to examine the matter on merit as to the arbitrability or non arbitrability of the disputes in the present case in the light of the law which has been laid down, it would be necessary to refer to the facts of the case briefly.

PLEA OF THE PETITIONER

5. The petitioner is a company incorporated and registered under the Companies Act, 1956