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1999 Supreme(Ker) 224

K.A.MOHAMMED SHAFI
Nirman Sindia – Appellant
Versus
Indal Electromelts Ltd. , Coimbatore – Respondent


Advocates:
G. Hariharan, for Petitioner; V. Giri, (for No. 1), V. Philip Mathew, (for No. 2), Mathew John, (for No. 3), P. R. Raman, (for No. 4), R. K. Venu Nayar (S. C., for KSEB), (for No. 5) and N. P. Samuel, (for No. 6), for Respondents.

ORDER :-

This arbitration request is filed by the applicant under Section 11(6) of the Arbitration and Conciliation Act to appoint an arbitrator to resolve the entire disputes between the applicant and the 1st respondent as per the agreement entered into between the applicant and the 1st respondent dated 10-5-1997. It is contended by the applicant that while the execution of the work was in progress the 1st respondent illegally and unilaterally terminated the agreement on 5-1-1999. It is also contended that the 1st respondent did not resort to the decision of the adjudicator specified under clause 36(1) of the agreement or referring the matter to the arbitrator as specified in clause 25(1) of the agreement and unilaterally terminated the contract. Therefore it is necessary to appoint an arbitrator to adjudicate the entire disputes between the applicant and the 1st respondent relating to the contract.

2. The respondents have resisted this arbitration request on several grounds. The main objection raised by the 1st respondent is that the applicant has filed this arbitration request without complying with the procedure laid down in clauses 24 and 25 of the agreement and therefore, this





















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