IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO(S). OF 2024 (@ SLP (C) No. 10784 OF 2024)
FOREST DEVELOPMENT CORPORATION OF MAHARASHTRA LIMITED & ANR. ..Appellant(s)
Vs.
M/S. LAXMI CIVIL ENGINEERING SERVICES PRIVATE LIMITED ...Respondent(s)
O R D E R
1. Leave granted.
2. This appeal by way of Special Leave Petition is
against the decision of the High Court exercising
jurisdiction under 11(6) of Arbitration and Conciliation
Act, 1996 (for short, ‘the Act’) by which the High Court
allowed the application and appointed an arbitrator.
3. Learned counsel for the appellants submitted that
there is no arbitration agreement. We would straightaway
extract clause no. 61 of the tender document which is said
to be the arbitration clause:
“Dispute Redressal Clause 61: System/Arbitration: 1) If any dispute or difference of any kind what-so-ever shall arises in connection with or arising out of this Contract or the execution of Works or maintenance of the Works there under, whether before its commencement, or during the progress of Works or after the termination, abandonment or breach of the Contract, It
1
shall, in the first Instance, be referred for settlement to the competent authority within 45 days of arising the dispute or difference, described along with their powers in the Con...