Annexure A1 contract entered into between the parties may not be strictly in accordance with Annexure A5 instructions. But nevertheless Annexure A1 agreement contains the following clause:
“The parties to this contract agreed to undertake the condition that arbitration shall not be a means of settlement of disputes or claims or anything on account of this contract”.
2. This Arbitration Request under Section 11(6) of the Arbitration and Conciliation Act, 1996 is therefore plainly not maintainable. The respondents have not hitherto disputed the claim of the petitioner or denied their liability. Therefore the petitioner can very well institute a suit within a period of three years from the date of denial of the liability by the respondents.
The Arbitration Request is dismissed subject to the above clarification.
ncd V. CHITAMBARESH JUDGE