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1998 Supreme(Bom) 819

B.P.SARAF
NAGIN BHAI C. PATEL – Appellant
Versus
UNION OF INDIA – Respondent


Advocates appeared:
Miss. L. Munim & Sh. Rajesh Kothari, Advocates, for the Petitioner.
Sh. Anoop V. Mohta, Advocate, for the Respondent.

JUDGMENT

Dr. B. P. Saraf, J. - This is an application under sub-section (6) of Section 11 of the Arbitration and Conciliation Act, 1996 ("Act") for appointment of an arbitrator to decide the dispute and differences between the parties arising out of contract dated 16th June, 1997 for construction of Drawing Hall Electrical Lab of Technical High School at Diu. The arbitration agreement is contained in Clause 25 of the contract which reads as follows:

"Except where otherwise provided in the contract all questions and disputes relating to the meaning of the specifications, designs, drawings and instructions hereinbefore mentioned and as to the quality of workmanship or material used on the work or as to any other question, claim, right, matter or thing whatsoever in any way arising out of or relating to the contract, designs drawing, specifications estimates, instructions, orders or these conditions or otherwise concerning the works or the execution or failure to execute the same whether arising during the progress of the work or after the completion of abandonment thereof shall be referred to the sole arbitration of the person appointed by the Secretary, P.W.D. in charge of the work










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