2007 (9) TMI 722

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.... 1. This is an application under Section 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 referre....

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.... amount. Insofar as Claims (B) to (F) are concerned, he submitted 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) ....

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.... variation was beyond 25% for individual items, then the petitioner was entitled to 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 cond....

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....clearly understood that they were not entitled to compensation on account of any variation in the 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 unp....