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2019 Supreme(SC) 1264

R.BANUMATHI, A.S.BOPANNA, HRISHIKESH ROY
Union Of India – Appellant
Versus
Pradeep Vinod Construction Company – Respondent


Advocates Appeared:
For the Appellant(s) :Bharat Singh, Raj Bahadur, Advocates
For the Respondent(s):Geetanjali Mohan, Shantanu Kumar, Raghav Agrawal, Advocates

JUDGMENT :

R. BANUMATHI, J.

These appeals arise out of the impugned judgments dated 15.05.2015 and 02.02.2015 passed by High Court of Delhi in Arbitration Petition No.168 of 2015 and Arbitration Petition No.531 of 2014 in and by which the High Court appointed an independent arbitrator for adjudication of disputes between the parties, instead of directing appointment of arbitrator as per Clause 64 of General Conditions of Contract (GCC) which stipulates that Railways’ Officers should be appointed as Arbitrator.

2. Brief facts which led to filing of these appeals are as under:-

Facts in CA No.6400/2016:-

On 14.07.2010, Northern Railways awarded the contract for misc. civil engineering works such as construction of duty huts at L-xings, water supply arrangements, provision of station name boards etc. in connection with Rewari-Rohtak New Line to the respondent. The total cost of the work at accepted rate came to Rs.5,30,31,369.30. The work was finally completed on 31.03.2012. According to the appellant, final payments were made by the appellant to the respondent vide bill bearing Vr.No.00356/104/C/TKJ dated 06.05.2014. On the same day i.e. on 06.05.2014, parties also entered into a supplem


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