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M. R. SHAH, B. V. NAGARATHNA
Continental India Private Limited – Appellant
Versus
General Manager Northern Railway – Respondent


Advocates appeared:
Fr the Appellant :Ramesh Singh, Monisha Handa, Mohit D. Ram, Rajul Shrivastav, Anubhav Sharma, Advocates
For the Respondent:K. M. Nataraj, ASG ayant K Sud, ASG, Randeep Sachdeva, Kartik Jastra, Geetashi Chandna, Durga Dutt, Om Prakash Shukla, Vinayak Sharma, Bhuvan Kapoor, Raghav Sharma, Amrish Kumar, Advocates

JUDGMENT

M.R. Shah, J.

Feeling aggrieved and dissatisfied with the impugned judgment and order dated 15.09.2021 passed by the High Court of Judicature at Allahabad in Arbitration Application No. 15 of 2021, by which, while allowing the application under Section 11(6) of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the 'Act') filed by the appellant herein original applicant, the High Court has directed respondent herein to send a fresh panel of four retired officers in terms of clause 64(3)(b) of the General Conditions of Contract (hereinafter referred to as the 'GCC') and thereafter, the appellant herein original applicant shall select two from the four suggested names and thereafter the respondent shall constitute the Arbitral Tribunal in terms of clause 64(3)(b) of the GCC, the original applicant has preferred the present appeal.

2. That the appellant and respondent herein entered into a contract/agreement which contains the arbitration clause. As per clause 32 of the agreement, in the event of any question, dispute or difference arising under or in connection with agreement, the same shall be referred to the sole arbitration of a person appointed to be the


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