https://www.taxtmi.com/caselaws?id=222038 A writ proceeding does not by itself amount to submission of a dispute to arbitral adjudication, and omission to mention the arbitration clause in a counter-affidavit does not waive the right to seek reference under Section 8 unless the party has filed its first statement on the substance of the dispute. Clause 6 of the contract, which only permitted procurement of material at the other party's risk and cost on default, did not make any departmental computation final or binding and therefore did not exclude arbitral scrutiny. On that basis, the dispute remained arbitrable and was referable to arbitration under the contract. en-us Thu, 04 Apr 2013 00:00:00 +0530 Thu, 11 Apr 2013 13:34:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=222038 A writ proceeding does not by itself amount to submission of a dispute to arbitral adjudication, and omission to mention the arbitration clause in a counter-affidavit does not waive the right to seek reference under Section 8 unless the party has filed its first statement on the substance of the dispute. Clause 6 of the contract, which only permitted procurement of material at the other party's risk and cost on default, did not make any departmental computation final or binding and therefore did not exclude arbitral scrutiny. On that basis, the dispute remained arbitrable and was referable to arbitration under the contract. Case-Laws Companies Law Thu, 04 Apr 2013 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=222038