There is certainly hence zero overlapping

74. Ltd. v. Meena Vijay Khetan Ors. [(1999) 5 SCC 651], where the people had entered for the a purchase contract on purchase of apartments. A portion of the arrangement consisted of the fresh new arbitration clause (clause 39). The fresh new functions along with joined into the about three other Interior planning Agreements, which also contained arbitration conditions. Part of the arrangement is actually ended due to issues on payment and you will non-give out-of arms. Such issues was indeed known arbitration. An only arbitrator is actually designated and then make honors inside respect. Inter alia, issue grew up on if the problems underneath the Interior decorating Plans had been at the mercy of its separate arbitration conditions otherwise whether or not you to definitely in addition to exact same resource is permissible according to the fundamental arrangement. The brand new Legal, although not hiki, grabbed the view one to events had registered to your several plans to own a common target together with term ‘most other matters…connected with’ lookin when you look at the term 39 create allow eg a reference. New Judge held as lower than :

It was contended that site below term 39 of your own head contract could not permit the arbitrator to cope with the brand new issues in accordance with Interior planning Arrangements in addition to award are gap

“30. When there is a position where discover issues and you will variations in connection with an element of the agreement while having issues in regard so you can “most other matters” “connected” towards topic-question of area of the agreement up coming such a position, in our consider, we have been ruled by standard arbitration term 39 of your main agreement less than which conflicts within the chief arrangement and you will conflicts connected therewith is going to be labeled an equivalent arbitral tribunal. This term 39 without doubt will not make reference to people titled arbitrators. So far as condition 5 of Home design Agreement are concerned, they relates to problems and distinctions as a result of that arrangement hence would be referred to named arbitrators and also the told you clause 5, in our thoughts, comes into play just in a situation where there are not any issues and you can differences in reference to a portion of the contract and also the conflicts and differences was solely confined towards Interior design Contract. Thus, inside a situation including the establish where disputes and you will distinctions coverage the main contract and the Interior decoration Contract, – (there are problems arising within the fundamental arrangement plus the Home design Contract isn’t in dispute) – this is the general arbitration clause 39 however arrangement that governs just like the inquiries happen together with regarding problems concerning the overlapping contents of this new agenda into chief agreement while the Interior design Arrangement, as the outlined prior to. Indeed there can not be conflicting honors concerning things that overlap regarding the one or two plans. Instance the right position try never considered because of the parties. A case who has several preparations which have arbitration clauses emerged until then Courtroom in the Agarwal Engg. Co. v. Technoimpex Hungarian Host Marketplaces Overseas Trade Co. There were arbitration clauses in 2 agreements, one offered out-of a few servers to the appellant and other appointing this new appellant as the sales representative. For the issues of one’s case, it was stored one to both clauses manage by themselves which conclusion are based on the particular condition about marketing package it absolutely was the “just data source” of the sale purchase of the two hosts. Krishna Iyer, J. kept whenever that have been very, next there’s zero jurisdiction for travelling outside the income contract. What of almost every other arrangement appointing the latest appellant as sales representative try prospective and you can linked to a sales company and you may “later instructions”, except that new sales of these two servers. Happening before all of us plus the a lot more than instance exemplify reverse products. In a single instance brand new disputes try connected plus the other he or she is line of and never linked. For this reason, in today’s situation, clause 39 of the fundamental agreement applies. Products 1 and you may dos is actually felt like properly towards the respondents.”