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2010 Supreme(SC) 435

D.K.JAIN
Anil Kumar – Appellant
Versus
B. S. Neelkanta – Respondent


Advocates appeared:
For the Appellants:Rajiv Sawhney, Ms. Jyoti Mendiratta, Vineet Jhanji, Advocates. For the Respondents:C.A. Sundaram, Senior Advocate, Ms. Ritu Bhalla, Dhruv Dewan, Monark Gehlot, Anandh Kannan, Ms. Roshini Musa (for M/s. Suresh A. Shroff & Co.), Advocates.

Judgment :-

D.K. JAIN, J.

1. This is a petition under Sections 11(5) and 11(6) of the Arbitration and Conciliation Act, 1996 (for short `the Act') for appointment of an Arbitrator for adjudication of the disputes which are stated to have arisen between the parties to this petition.

2. Since the case has had a chequered history, it would be appropriate to narrate the background facts, giving rise to this petition, in detail:

On 13th April 1998, the Andhra Pradesh Tourism Development Corporation Ltd. (hereinafter referred to as the "Corporation"), a statutory body owned and controlled by the State of Andhra Pradesh, awarded a lease in favour of one M/s Goldstone Engineering Ltd., presently known as Goldstone Teleservices Ltd. (hereinafter referred to as the "Goldstone") for a piece of land for development of the existing Hotel Ritz as a "Heritage Grand" category hotel, as notified by the Department of Tourism, Government of India.

On 8th November 1999, Goldstone entered into an agreement with respondents No.1, 2 and 3 (hereinafter referred to as the "BSN Group") by which they agreed to execute the said project through a new company known as M/s Varsha Hill Fort Resorts Pvt. Ltd. (for




























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