2002 (9) TMI 765

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.... petition under section 11 of the Arbitration and Conciliation Act, 1996 ('the Act') was filed by the petitioner on the basis of an arbitration clause contained in the tender document dated 9-11-1995. Clause 104 of the said tender document contained an arbitration clause according to which in case of any dispute or difference between the parties touching or concerning the work or the execution or ....

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....ion as the value of the subject matter is less than 20 lakhs; that there is no arbitration agreement between the parties; that the petitioner is not a legal entity; that there is no cause of action against the respondent. It is stated that the tender was granted to a partnership firm Amarnath Charanji Lal & Co. which was an unregistered firm and as such the petitioner has no right to sue the respo....

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....ven in regard to its failure to appoint an arbitrator within the period of 30 days. All that the Chief Justice or his designate has to see is the documents and the correspondence between the parties annexed to the petition and take into account the qualifications required of the arbitrator by the agreement between the parties and other considerations likely to secure the nomination of an independe....