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2018 Supreme(Kar) 809

DINESH MAHESHWARI
Narasimhaswami Constructions, Maharastra State – Appellant
Versus
Union of India, Rep. by, The General Manager, South Western Railway, Club Road, Keshwapur, Hubli – Respondent


Advocates Appeared:
For the Petitioner:Shri. Sampath Bapat, Advocate
For the Respondent:Shri. N.S. Sanjay Gowda, Advocate

ORDER :

By way of this application under Section 11 of the Arbitration and Conciliation Act, 1996 (‘the Act of 1996’), the petitioner has made a request for appointment of Sole Arbitrator to adjudicate upon and decide all its disputes with the respondents, arising out of, and relating to the Contract Agreement No.CAO/CN/BNC/73104/A/100/II/2010 dated 12.02.2010.

2. Put in brief, the relevant background aspects of the matter are that the respondent No.2, the Chief Administrative Officer (Constructions), South Western Railway, Bengaluru, invited offers for the works titled “Arsiker-Birur patch doubling – Devanur yard re-modelling including formation, ballast, track linking, regarding construction of station building, FOB, Platform, PF shelters and other miscellaneous works” through tender notice No.CAO/CN/BNC/037/09 dated 19.06.2009. The petitioner submitted its tender on 23.07.2009 and after negotiations, the respondent No.3 conveyed acceptance through the Letter of Acceptance bearing No.W.496/15AKRB/07 dated 02.09.2009. In terms of the Acceptance Letter, the total value of the work was Rs.5,47,14,765/- and the same was to be completed within six months i.e., on or before 01.03.2010. L












































































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