9911796707
TMI Blog2002 (1) TMI 1247X X X X Extracts X X X X X X X X Extracts X X X X ..... 1 for filing the copy of the agreement, respondent No. 1 has failed to file the same. 2. This is a petition under section 20 of the Arbitration and Conciliation Act, 1996 for reference of the disputes between the parties to the arbitrator. Clause 13 of the agreement between the parties provided as under : "Any dispute, disagreement or question arising out of or in consequence of this Agreem ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... parties in respect of any of the matters comprised in the agreement, the same shall be settled by a competent court having jurisdiction over the place where agreement is executed by no other court. 4. However, another clause cited by the respondent No. 1 regarding the adjudication of the disputes and differences by the arbitrator is clause 23 which reads as under : "Clause 23 - If any q ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he sole arbitrator referred to above, the Chief Engineer will on receipt of notice and prescribed fee from the contractors send a panel of three names not below the rank of Superintending Engineer of the Rajasthan Government and who shall be at presently unconnected with the contract, the contractor shall on receipt of the names as aforesaid select any one of the persons, names, to be appointed as ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... istence or validity of the arbitration agreement and for that purpose an arbitration clause which forms part of a contract shall be treated as an agreement independent of the other terms of the contract and a decision by the arbitral Tribunal that the contract is null and void shall not entail ipso jure the invalidity of the arbitration clause. 6. Sub-section (3) of this section also provide ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n raised by respondent No. 3 that it is not a necessary party and has been wrongly impleaded may be raised before the arbitrator. However, for respondent No. 3 this order will not be applicable as it is neither a party to the agreement nor has any claim been preferred against it stemming from the disputes and differences referred in the petition. 9. The petition is allowed. However, the Secret ..... X X X X Extracts X X X X X X X X Extracts X X X X
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