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Judgment
6 paragraphs · 191 wordsArindam Sinha, J
Mr. Acharya, learned advocate appears on behalf of appellant and submits, between the two parties there were two successive agreements. Both were in respect of clearing and forwarding goods. The first agreement is dated 1st April, 2005. It did not have arbitration clause/agreement. The second agreement is dated 25th July, 2007. By ‘term’ clause-4, the first agreement valid up to 31st March, 2008 was cancelled on retrospective commencement of the 2nd agreement from 1st July, 2007.
2.Mr. Pal, learned advocate appears on behalf of respondent and submits, the reference was pursuant to order made on request to appoint the tribunal. Hence, no question arises regarding existence of arbitration agreement. Mr. Acharya submits, his client had made application under section 16 in Arbitration and Conciliation Act, 1996 specifically taking the point of absence of jurisdiction by reason of the arbitration clause only provided in the second agreement. He refers to paragraph-4 in the application, annexed to the appeal papers.
Adjournment is granted to respondent for demonstrating that the surviving claims awarded arose post 1st July, 2007 and be further heard.
List on 2nd September, 2022.
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