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2024 Supreme(SC) 242

B. R. GAVAI, SANDEEP MEHTA
NBCC (India) Limited – Appellant
Versus
Zillion Infraprojects Pvt. Ltd. – Respondent


Advocates appeared:
For the Petitioner(s): Mr. Kiran Kumar Patra, AOR Mr. Debarshi Bhadra, Adv. Mr. Sunil Mund, Adv.
For the Respondent(s): Mr. Sumit Kumar, AOR

JUDGMENT :

B.R. GAVAI, J.

1. Leave granted.

2. The present appeals challenge the interim order dated 12th March 2021 and final judgment & order dated 9th April 2021, passed by the learned Single Judge of the High Court of Delhi (hereinafter, “High Court”), in Arbitration Petition (Arb. Pet.) No. 44 of 2021, whereby the High Court allowed the application under Section 11(6) of the Arbitration & Conciliation Act 1996 (hereinafter referred to as, “the Arbitration Act”) and appointed the Sole Arbitrator to adjudicate the dispute between the parties to the present lis, arising from the Letter of Intent dated 4th December 2006.

3. Facts, in brief, giving rise to the present appeals are as follows:

    3.1 The appellant, NBCC (India) Limited (Formerly known as National Buildings Construction Corporation Ltd.), is a Public Limited Company and Government of India undertaking, engaged in construction of power plants and other infrastructure projects on EPC and/or PMC basis.

    3.2 The respondent, M/s Zillion Infraprojects Pvt. Ltd. (Formerly known as Durha Constructions Pvt. Ltd.), is a Private Limited Company, engaged in the construction and infrastructure sector.

    3.3 The appellant issued an invitation f

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