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2018 Supreme(SC) 120

R.K.AGRAWAL, AMITAVA ROY
ONGC Mangalore Petrochemicals Ltd. – Appellant
Versus
ANS Constructions Ltd. – Respondent


JUDGMENT :

R.K. Agrawal, J.

1. Leave granted.

2. This appeal is directed against the final judgment and order dated 12.01.2015 passed by the High Court of Karnataka at Bengaluru in C.M.P. No. 35 of 2014 whereby learned single Judge of the High Court allowed the petition filed by the respondent No. 1-Company for appointment of an arbitrator for resolution of the dispute between the appellant-Company and respondent No. 1-Company.

3. Brief facts:

(a) Respondent No. 1-the Contractee Company was awarded a Contract for “Site Grading, Construction of Roads, Water Drains and Compound Wall for Aromatic Complex at Mangalore” in Mangalore SEZ by the appellant-Contractor on 17.03.2008. The total contract value as per the Letter of Acceptance (LOA) was Rs. 163,25,68,576/-which was subsequently revised to Rs. 195,68,24,399.02/-vide letter dated 20.09.2010 and the completion period was also extended upto 30.11.2010.

(b) On 21.09.2012, the Contractee Company submitted a No Dues/No Claim Certificate certifying the payment of all the bills and in total settlement of all the claims whatsoever against the Contract. Thereafter, on 10.10.2012, the appellant herein-the Contractor Company made a payment of the





























































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