TMI Blog2009 (5) TMI 956X X X X Extracts X X X X X X X X Extracts X X X X ..... ment of Disputes/Arbitration . The aforesaid clause 14 in the Agreement, however, was scored out and the same was replaced by another clause No. 14 the caption Arbitration with regard to the commercial disputes between the Public Sector Enterprises inter se and Public Sector Enterprises and Government Departments. HELD THAT:- The aforesaid clause No. 14 relates to disputes of commercial nature arising between the Public Sector Enterprises inter se and between the Public Sector Enterprises and Government Departments. The text that follows also makes the said position clear which provides that after the award is given by the arbitrator in the department of public sector enterprises, reference for setting aside or revision of the award ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... between the parties herein to the sole arbitration of Hon'ble Mr. Justice D.K. Basu a retired Judge of Calcutta High Court, with a request to him to adjudicate upon and decide the dispute between the parties. The aforesaid order came to be passed on an application filed by the respondents herein under Section 11 (6) of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as `the Act'). By filing the said application, the respondents prayed for appointment of an arbitrator relying on the alleged arbitration agreement being clause No. 14. 2. The parties entered into an excavation contract whereby the respondents undertook to carry out certain works on behalf of the appellant herein. In the contract signed by the part ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... charge of the BUREAU OF PUBLIC ENTERPRISES. The Arbitration Act, 1940 shall not be applicable to the arbitration under this clause. The award of the arbitrator shall be binding upon the parties to the dispute, provided however, any party aggrieved by such award, may make further reference for setting aside or revision of the award to the Law Secretary, Department of Legal Affairs, Ministry of Law Justice, Government of India. Upon such reference, the dispute shall be decided by the Law Secretary or the Special Secretary/Additional Secretary when so authorised by the Law Secretary, whose decision shall bind the parties finally and conclusively. The parties to the dispute will share equally the cost of arbitration, as intimated by the ar ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e provisions of the section which follows than might be afforded by a mere preamble. The said interpretation can well be applied to understand and construct the various clauses of an arbitration agreement also, which is in the realm of commercial contract. While interpreting so, the Court may not depend only on the text but context as well in order to fully comprehend the context and the meaning of the clause. 6. We, accordingly, set aside the said order and give liberty to the respondents to approach the Civil Court for adjudication and resolving the disputes and lis between the parties arising out of the said contract. Needless to say that the respondents herein will be entitled to get the benefit of Section 14 of the Limitation Act. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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