M/S. Sai Sri Saraswathy Construction vs Ariyakudi Kasi Viswanathan on 21 September, 2011
In the judgment of Delhi High court reported in 2000(1) RAJ 46 (Del) M/s.Thomson Press India Ltd. v. Secretay Finance, Govt. of N.C.T. Of Delhi), it has been concluded that the tender condition may also be considered as an arbitration clause which is requested to be in the form of writing. As far as this case is concerned, we find the genuineness of the agreement dated 17.6.2006 by virtue of receipt given on 19.8.2008 by the respondent and it would show a prima facie case for us to hold that there is an arbitration clause for the subsequent transactions also had in between the parties. Our view is however subject to the decision to be reached by the Honourable Chief Justice in Section 11 application which is pending. However, the provisions of Section 9 would go to show that whenever there is a prima facie case for Arbitration, the subject matter of the Arbitration should have been preserved.