1. This is an application for appointment of a learned Arbitrator to arbitrate
upon the disputes which arose between the parties and led to the
termination of the contract which was awarded to the petitioner.
2. Mr. Basu, learned Senior Advocate refers to the arbitration clause and
also the notice invoking arbitration. Clause 12A of the General Terms
and Conditions of the Notice Inviting Tender deals with the arbitration
clause which provides that all disputes and differences which cannot be
settled by the in-house mechanism,will be referred to a sole Arbitrator to
be appointed by the competent authority of the CIL or the Chairman
cum Managing Director of a subsidiary company. It is the specific
pleading of the petitioner that the in-house mechanism failed and the
sequence of events will indicate that there is neither any chance for
amicable settlement nor settlement by way of an in-house mechanism.