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2019 Supreme(SC) 1261

A.M.KHANWILKAR, DINESH MAHESHWARI
WAPCOS Ltd. – Appellant
Versus
Salma Dam Joint Venture – Respondent


Advocates Appeared:
For the parties :Rajeev Singh, Milanka Chaudhary, Abhishek Sharma, Naina Dubey, M.R. Shamshad, Preeti, Swetank Shantanu, Pratap Shanker, Shilpi Shrivastava, Sanjiv Kumar Choudhay, Rajeev Singh, Advocates

JUDGMENT :

A.M. Khanwilkar, J.

Leave granted.

1. These appeals take exception to the judgment and order dated 25.01.2019 passed by the High Court of Delhi at New Delhi in Arbitration Petition No.810 of 2016, whereby the High Court allowed the Arbitration Petition purportedly filed by respondent No. 1 Salma Dam Joint Venture, under Section 11(6) of the Arbitration and Conciliation Act, 1996 (for short, “the Act”) and appointed a sole Arbitrator.

2. Briefly stated, the Ministry of External Affairs (for short, “MEA”) and the appellant in the leading appeal, Water and Power Consultancy Services (India) Limited (for short, “WAPCOSL”), a Public Sector Undertaking, entered into an agreement, dated 29.11.2004, for the implementation of the work on “the Reconstruction, Rehabilitation and completion of Salma Dam Project (3x14 MW), Afghanistan, Package III: Main Civil and Hydro-Mechanical Works” (for short, “project”). The appellant (WAPCOSL), was given the responsibility to provide financial, administrative and contractual management services for the MEA. Even though MEA was to provide the finances, the same was to be channeled through WAPCOSL to the successful awardee of the tender.

3. The respo


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