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2010 Supreme(All) 3128

BARIN GHOSH
Kalpana Chemicals Limited – Appellant
Versus
Oil & Natural Gas Corporation Ltd. & others – Respondent


Barin Ghosh, C.J.:-

There cannot be any dispute that disputes and differences between the parties hereto have arisen in relation to a contract in writing. The said contract incorporates an arbitra­tion clause and, thereby, either of the par­ties to the arbitration can refer such dis­putes to one of the arbitrators in the De­partment of Public Enterprises to be nomi­nated by the Secretary to the Government of India, in-charge of Bureau of Public Enterprises.-Therefore, no sooner the dis­putes and differences in the instant case arose, it was obligatory on the part of the applicant to approach the Secretary to the Government of India, In-charge of Bureau of Public Enterprises, to nominate an ar­bitrator in the Department of Public En­terprises. The applicant, however, moved the respondent - Oil and Natural Gas Cor­poration Ltd. and requested the said re­spondent to appoint an arbitrator. On re­fusal on the part of the Oil and Natural Gas Corporation Ltd., the applicant ap­proached the Chief Justice of Hon'ble Andhra Pradesh High Court under Section 11 of the Arbitration and Conciliation Act,, 1996 for appointment of an arbitrator. When the matter was, thus, pending be­fore the Chief J



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