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1989 (3) TMI 373 - SC - Companies LawWhether the dispute mentioned in the contractor's application could have been referred to arbitration at all? Held that:- In the light as read from the facts, unable to accept the position that the claim raised by the plaintiff in this application before the High Court was not covered by the arbitration clause. The clause as read gave the respondent a right to be considered. The respondent's grievance was, if properly considered his performance being 300% achievement he was entitled in the facts and circumstances set out hereinbefore to the grant of the contract and further similarly placed persons had been so given. That right had not been duly considered. That is the dispute in the present case and that dispute is clearly referable to the arbitration clause as mentioned hereinbefore, therefore, unable to accept the position that the order of reference passed by the High Court is bad. Rhe interim directions given by the High Court that the "contractor be allowed to do the remaining work of extraction of timber of standing marked trees in compartment No. 59, Marwah" was beyond the competence of the Court. In this respect we agree with High Court.
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