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2023 Supreme(SC) 1108

D. Y. CHANDRACHUD, J. B. PARDIWALA, MANOJ MISRA
Lombardi Engineering Limited – Appellant
Versus
Uttarakhand Jal Vidyut Nigam Limited – Respondent


Advocates appeared:
For the Petitioner(s): Ms. Garima Bajaj, AOR
For the Respondent(s): Mr. Amit Anand Tiwari, AOR

JUDGMENT :

(J.B. Pardiwala, J.):

1. This is a petition under Section 11(6) of the Arbitration and Conciliation Act, 1996 (for short, “the Act 1996”) filed at the instance of a company based in Switzerland and engaged in the business of design consultancy seeking appointment of an arbitrator for the adjudication of disputes and claims emanating from the Contract dated 25.10.2019 entered into between the petitioner and respondent i.e., Uttarakhand Vidyut Nigam Limited (a wholly owned corporation of the Government of Uttarakhand).

FACTUAL MATRIX

2. The petitioner is a design consultancy firm based in Switzerland, having its registered office at Via Del Tiglio 2, PO Box 934, CH 934, CH 6512, Bellinzona-Guibiasco, Switzerland and local Indian address at B3/61, 1st Floor, Safdarjung Enclave, Delhi – 110029.

3. The respondent is a wholly owned corporation of the Government of Uttarakhand having its registered office at Maharani Bagh, GMS Road, Dehradun, Uttarakhand, India and is engaged in the business of operating hydro power plants in the State of Uttarakhand.

4. The petitioner entered into a


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