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2003 Supreme(Bom) 138

H.L.GOKHALE, S.J.VAZIFDAR
S. B. P. – Appellant
Versus
PATEL ENGINEERING LIMITED – Respondent


Advocates appeared:
N.V. Bandiwadekar - Petitioner.
Dr. Veerendra Tulzapurkar, Aspi Chinoy, M. S. Doctor - Respondents.

ORDER

H.L. GOKHALE, J. - This Writ Petition seeks to challenge the order dated 18th November, 2001 appointing the third Arbitrator passed by the learned designated Judge on the Arbitration Application moved by respondent No.1 under Section 11 of the Arbitration and Conciliation Act, 1996 (for short, "the Act").

Dr. Tulzapurkar has appeared for the petitioner and Mr. Chinoy for the respondents.

The facts leading to this petition are as follows:

(a) Respondent No.1 was awarded a contract by State of Maharashtra through its Irrigation Department for the construction of civil works pertaining to Stage IV of the Koyna Hydroelectric Project. Respondent. No.1 in turn entered into a sub-contract with the petitioner with respect to a piece work for that purpose. Clause 19 of the Agreement contained an arbitration clause which reads as follows:

"The continuance of this piece work agreement/contract or at any time after the termination thereof, any difference or dispute shall arise between the parties hereto in regard to the interpretation of any of the provisions herein contained or act or thing relating to this agreement/contract, such difference or dispute shall be forthwith referred to tw





















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