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2011 Supreme(SC) 448

AFTAB ALAM, R.M.LODHA
Union of India – Appellant
Versus
Master Construction Co. – Respondent


JUDGMENT

R.M. Lodha, J. —

Leave granted.

2. This appeal, by special leave, arises from the order dated December 8, 2006 passed by the Chief Justice of the Punjab and Haryana High Court in the proceedings under Section 11(6) of the Arbitration and Conciliation Act, 1996 (for short, ‘1996 Act’) whereby he held that all disputes between the parties to the contract have to be referred to the arbitration and appointed Mr. M.S. Liberahan, retired Chief Justice of Andhra Pradesh High Court, as sole arbitrator to decide the disputes between the parties.

3. The respondent — M/s. Master Construction Company (for short, ‘the contractor’) — was awarded a contract (CA No. CEBTZ—14/95-96) on September 17, 1995 by the first appellant—Union of India — for the work, ‘provisions of OTM accommodation and certain essential technical buildings’ to be erected and installed at Bhatinda. The first phase of the work was to be completed by July 20, 1996 and the second phase by January 20, 1997.

4. The agreement between the parties made IAFW—2249 an integral part of the contract. Condition 70 thereof provided mode for resolution of disputes and differences between the parties through arbitration.

5. The wo

































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