Judgements

G.G. Products vs Rajasthan State Industrial … on 21 August, 2002

Monopolies and Restrictive Trade Practices Commission
G.G. Products vs Rajasthan State Industrial … on 21 August, 2002
Bench: C Nayar, M Mahajan


ORDER

C.M. Nayar, J. (Chairman)

1. The learned Counsel for the respondents states that the rights inter se the parties are governed by an Agreement dated 21st September, 1989 which is filed as Annexure -3 to the reply along with the affidavit of evidence filed on behalf of the applicant/petitioner. This agreement admittedly contains an arbitration Clause (H) which is part of the Agreement. It is, therefore, contended by learned Counsel for the respondent that the appropriate remedy for the applicant/petitioner is to take recourse to a remedy of of arbitration as provided in the agreement. The applicant/petitioner is in possession of the plot, which was allotted by the respondents and is the subject matter of the present proceedings. The learned Counsel for the applicant/petitioner has not opposed the suggestion of learned Counsel for the respondents that the matter can be appropriately decided by an Arbitrator as may be appointed under the Terms of the Agreement.

2. In view of the above, we direct the respondents to refer the disputes as raised by the applicant/petitioner to an Arbitrator who shall be appointed under the provisions of the Agreement within six weeks from today. The Arbitrator shall enter upon reference and dispose of the matter in accordance with law. It is made clear that the respondents shall not raise the plea of limitation in the proceedings which may be initated before the Arbitrator and will take steps for expeditious disposal of the matter. The parties shall maintain status quo with regard to the plot, which is in possession of the applicant/petitioner. The present complaint as well as compensation application are disposed of in these terms. The Notice of Enquiry is discharged.