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