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IN THE HIGH COURT OF ORISSA AT CUTTACK
HARISH TANDON, CJ
Anand Granites Exports Private Limited – Appellant
Versus
Prabhudayal Agrawal – Respondent
| Table of Content |
|---|
| 1. background of mining lease and contracts. (Para 1 , 2 , 3 , 4 , 5) |
| 2. dispute arisen over the arbitration agreement. (Para 6 , 8 , 9) |
| 3. arguments for and against arbitration. (Para 10 , 11) |
| 4. court's scrutiny of arbitration agreement. (Para 12 , 13 , 14 , 15 , 16 , 17 , 18) |
| 5. principle of competence-competence and jurisdiction. (Para 19 , 20 , 21 , 22 , 23 , 24 , 25) |
| 6. effect of legislative changes on arbitration agreement. (Para 26) |
| 7. final order and appointment of arbitrator. (Para 27 , 28) |
JUDGMENT :
HARISH TANDON, CJ.
1. An application under Section 11 of the Arbitration and Conciliation Act, 1996 (in short, 'the Act') filed by the petitioner is resisted by the opposite party primarily on the premise that the dispute raised in the notice invoking arbitration clause contained in the raising contact dated 18th March, 2010 is beyond the purview of the arbitration agreement/arbitration clause contained therein.
2. Undeniably, the opposite party was granted mining lease for an area covering 262.27 acres of land situated in Tantra (Khata No.35), Rangua (Khata No.31) and Bandhal (Khata Nos.30 and 39) under Bonai Sub-Division of Sundargarh district in the State of Odish
The court's authority under Section 11 of the Arbitration Act restricts to determining the existence of an arbitration agreement, deferring substantive disputes to the arbitrator.
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