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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
Dhiraj Singh Thakur
Alliance Enterprises – Appellant
Versus
Andhra Pradesh State Fiber Net Limited (APSFL) – Respondent
JUDGMENT :
Dhiraj Singh Thakur, C.J.
This is an application filed under Section 11(6) of the Arbitration and Conciliation Act, 1996 , for appointment of a sole Arbitrator for adjudicating the disputes arising out of and in connection with the Work Contract, dated 05.08.2016, entered into between the parties.
2. Briefly stated, the material facts are as under:
The applicant claims to be a company engaged in the construction and infrastructure development activities. The respondent, Andhra Pradesh State Fiber Net Limited, had floated a rate contract tender for inviting eligible service providers for commissioning and maintenance of last mile optical fiber connectivity to Government Offices in the districts of Anantapur and Kadapa in the State of Andhra Pradesh.
3. The applicant was allotted the work and contract agreement came to be signed between the two parties on 05.08.2016. Various work orders were issued to the applicant from time to time for a total value of Rs.12,26,63,520/-. The applicant claims that even when work orders were executed, payment was not made to the applicant to the tune of Rs.2,82,60,159/-. Several reminders are also stated to have been sent, which did not elicit a
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The court affirmed that an arbitration application under Section 11(6) was timely due to the COVID-19 limitation extension and upheld the validity of the arbitration mechanism despite amendments rend....
The main legal point established in the judgment is that the waiver of the bar under Section 12(5) of the Act requires an express agreement in writing, and in the absence of such agreement, the court....
The court emphasized the importance of 'express agreement in writing' to waive the bar contained in Section 12(5) of the Act and held that failure to appoint the requested Arbitrator within the speci....
The court established that the issue of limitation can be raised before the arbitral tribunal, and the appointment of an arbitrator for resolving disputes under the contract is in accordance with the....
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