Subcontractor, out of or in relation
to or in connection with this Subcontract, or for any breach thereof,
shall be amicably settled by mutual conciliation ... thereof to particular matters to be inconsistent with the
spirit of this Subcontract and the underlying intent of the Parties,
and as to such matters
respondent").
3. The respondent then further invited bids for subcontracting of Erection.
and Commissioning of Mechanical & Erection Packages for the said
projects ... respondent herein vide a Letter of Award. Accordingly, the work
was subcontracted to the petitioner herein and the respondent herein
issued a purchase order
fact, is notwithstanding the existence of Clause 26 of the
subcontract agreement. The petitioner's contention that Clause 26
constitutes ... awarded to the respondent on 11.01.1991 and included civil
works that were subcontracted to M/s Mohinder Singh. The stipulated
dates of completion
main contract would
not apply to disputes arising under a subcontract unless specifically
incorporated. Therefore, the ratio of this case directly supports the
contention
same reads as under:-
"14) Arbitration: This subcontract and all other matters,
shall in all respect be construed and be operative in
conformity with
either on its own
in the said Commercial Complex or further assign/subcontract
the said work to any other Company(s). The Buyer further
agrees
respondent read with
respondent's other communications pertaining to the subcontract part of the
works to be executed under the Main Contract namely Clean
