Insofar as the various contentions/defences urged
on behalf of the respondents with regard to the merits of
the claims of the petitioner is concerned, having regard to
the limited/restricted scope of Section 11(6A) of the
Arbitration and Conciliation Act, 1996, which mandates that
the scope of adjudication in the present petition is
restricted, limited and confined to examination of the
existence of an Arbitration Agreement/Clause only, I am of
the view that in view of the decisions of the Apex Court in
the case of MAYAVATI TRADING PRIVATE LIMITED VS.
PRADYUAT DEB BURMAN - (2019) 8 SCC 714 and
UTTARAKHAND PURV SAINIK KALYAN NIGAM LTD.,
VS. NORTHERN COAL FIELD LTD. passed in
SLP(C).11476/2018 on 27.11.2019, coupled with the
undisputed fact that Clause 64(3)(b) constitutes an
Arbitration Agreement, it is necessary that the dispute
between the petitioner and the respondents requires to be
referred to Arbitration by leaving open all other issues to be
decided by the Arbitral Tribunal.
Insofar as the various contentions/defences urged
on behalf of the respondents with regard to the merits of
the claims of the petitioner is concerned, having regard to
the limited/restricted scope of Section 11(6A) of the
Arbitration and Conciliation Act, 1996, which mandates that
the scope of adjudication in the present petition is
restricted, limited and confined to examination of the
existence of an Arbitration Agreement/Clause only, I am of
the view that in view of the decisions of the Apex Court in
the case of MAYAVATI TRADING PRIVATE LIMITED VS.
PRADYUAT DEB BURMAN - (2019) 8 SCC 714 and
UTTARAKHAND PURV SAINIK KALYAN NIGAM LTD.,
VS. NORTHERN COAL FIELD LTD. passed in
SLP(C).11476/2018 on 27.11.2019, coupled with the
undisputed fact that Clause 64(3)(b) constitutes an
Arbitration Agreement, it is necessary that the dispute
between the petitioner and the respondents requires to be
referred to Arbitration by leaving open all other issues to be
decided by the Arbitral Tribunal.