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2019 Supreme(SC) 984

N.V.RAMANA, AJAY RASTOGI, MOHAN M.SHANTANAGOUDAR
Geo Miller & Co. Pvt. Ltd. – Appellant
Versus
Chairman, Rajasthan Vidyut Utpadan Nigam Ltd. – Respondent


Advocates Appeared:
For the Appellant(s) :S.D. Singh, Bharti Tyagi, Jitender Singh, Ram Kripal Singh, Shweta Sinha, Vishwajit Singh, Advocates
For the Respondent(s):Ms. Pratibha Jain, Advocates

JUDGMENT :

MOHAN M. SHANTANAGOUDAR, J.

1. The appeals arise out of the common judgment dated 25.1.2007 of the High Court of Rajasthan at Jaipur Bench dismissing the three Arbitration Applications Nos. 25/2003, 27/2003 and 28/2003 (Arbitration Applications) filed by the appellant under Section 11(6) of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as ‘the 1996 Act’) seeking appointment of an arbitrator for adjudication of the disputes between the common appellant and the respondent in these appeals.

2. The facts giving rise to these appeals are as follows:

The respondent had floated tenders for execution of work on a water treatment plant. Three work orders dated 7.10.1979, 4.4.1980 and 3.5.1985 were assigned in favour of the appellant. The three Notice Inviting Tender (NIT) documents in respect of these work orders constituted the terms and conditions of the three separate contracts between the parties. The three contracts had a common arbitration clause as follows (relevant part):

“(i) If at any time any question/dispute/difference whatsoever arises between the purchaser and the supplier, upon or in relation to the contract, either party may forthwith give to the

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