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2019 Supreme(SC) 56

R.BANUMATHI, INDIRA BANERJEE
Rajasthan Small Industries Corporation Limited – Appellant
Versus
Ganesh Containers Movers Syndicate – Respondent


Advocates Appeared:
for the Appellant : Mr. Annam D. N. Rao, AOR, Mr. A.Venkatesh,Adv. Mr. Rahul Mishra, Adv.
For the Respondent:Mr. Shekhar Prit Jha, AOR, Ms. Himani Mishra, Adv. Ms. Sushmita Mahale,Adv.

JUDGMENT :

R. Banumathi, J.

Leave granted.

2. This appeal arises out of the judgment dated 22.04.2016 passed by the High Court of Rajasthan at Jaipur Bench in and by which the High Court has allowed the application filed by the respondent under Section 11 and Section 15 of the Arbitration and Conciliation Act, 1996 thereby appointing Mr. J.P. Bansal, retired District Judge as the sole arbitrator to resolve the dispute between the parties.

3. Brief facts which led to filing of this appeal are as under:-

The appellant-Rajasthan Small Industries Corporation Limited invited tender for “Handling and Road transportation of ISO containers and Cargo between Inland container Depots at Jaipur, Jodhpur and Ports.” Respondent-Contractor participated in the said tender and Letter of Intent was issued in favour of the respondent-Contractor on 21.01.2000. The agreement was executed on 28.01.2000 between the parties. Initially, the contract period was of three years; but it was extended for another two years from 31.01.2003 by consent of both the parties. Dispute arose between the parties regarding imposition of transit penalty by the appellant upon the respondent for delay in transportation of contain

























































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