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