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2017 Supreme(SC) 923

ADARSH KUMAR GOEL, UDAY UMESH LALIT
Aravali Power Company Pvt. Ltd. – Appellant
Versus
Era Infra Engineering Ltd. – Respondent


JUDGMENT :

Uday Umesh Lalit, J.

1. Leave granted. These appeals challenge the common judgment and order dated 29.07.2016 passed by the High Court of Delhi at New Delhi in O.M.P. (T) (Comm.) No.13/2016 and Arbitration Petition No.136/2016.

2. Construction work of permanent township for Indira Gandhi Super Thermal Power Project at Jhajjar, Haryana was awarded to the Respondent-M/s Era Infra Engineering Ltd. on 20.05.2009 and contract dated 17.11.2009 signed thereafter broadly consisted of General Conditions of Contract (GCC) and Special Conditions of Contract (SCC). Clause 56 of the GCC stipulated arbitration between the parties in following terms:-

“56. ARBITRATION:-

Except where otherwise provided for in the contract all questions and disputes relating to the meaning of the specifications, designs, drawings and instructions herein before mentioned and as to the quality of workmanship or materials used on the work or as to any other questions, claim, rights, matter or thing whatsoever in any way arising out of or relating to the contract, design, drawing, specifications, estimates, instructions, orders or these conditions of otherwise concerning the works, or the executions or failures t















































































































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