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TMI Blog2007 (9) TMI 722X X X X Extracts X X X X X X X X Extracts X X X X ..... tion 11 (6) of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as 'the said Act') for appointment of an arbitrator. The learned counsel for the respondent, at the outset, submitted that the claims submitted by the petitioner are not arbitrable and, therefore, there is no question of appointment of an arbitrator. He straightway referred to para 7 (vi) of the petition whe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... that these are not within the scope of arbitration in terms of the general conditions of the contract read with the special conditions of the contract between the parties. The learned counsel for the petitioner, however, submitted that these claims were arbitrable and, therefore, an arbitrator ought to be appointed. 3. Claim (B) relates to losses due to increased work done beyond the prescribed l ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o make a claim in respect thereof. The aforesaid clause, according to her, only prevented the petitioner from making a claim if the variation for an individual item was less than 25%. However, while construing the said clause, it must be noted that the opening words are "Unless otherwise specified in the special conditions of the contract...". The relevant clause of the Special Conditions of the C ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e value of the contract. This means that the petitioner is not entitled to any amount in respect of variation whether it is within 25% or beyond 25% and, therefore, there can be no arbitration with regard to this. 6. Insofar as claim (C) is concerned, it relates to interest charges on delayed and unpaid payments. The learned counsel for the respondent referred to clause 16 (3) of the General Cond ..... X X X X Extracts X X X X X X X X Extracts X X X X
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