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2009 Supreme(Bom) 423

SWATANTER KUMAR
ASHOKA BUILDCON PVT. LTD. – Appellant
Versus
MAHARASHTRA STATE ROAD DEVELOPMENT CORPORATION – Respondent


Advocates appeared:
Mr. R.S. Apte, Mr. A.A. Garge - Applicant.
Ms. Sowmya Srikrishna, Mr. Aditya Mehta - Respondent.

JUDGMENT

In this Application under Section 11 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as "the Act"), the Applicant prays for a direction for appointment of an Arbitrator in terms of Section 11 of the Act to resolve the dispute that had arisen between the parties. The Applicant was appointed as Nominated Sub-contractor as a result of the agreement between Respondent Nos. 1 and 2 and was awarded the construction of Road Over Bridge at Daund, Nepty and Dehre and Murtizapur. The Applicant completed this construction work and submitted certain claims before Respondent No. 2 for sanction and also requested Respondent No. 1 to form a Committee to review the said claims. When the bills were pending clearance, which according to the Applicant were of a huge amount, Respondent No. 1 issued a letter dated 8th February, 2002 calling upon the Applicant to waive its right of arbitration and give an undertaking that the decision of the Committee would be binding on the Applicant. The Applicant by its letter dated 9th March, 2002, addressed to the Minister of PWD, informed that it had no intention to request for arbitration if its disputes were amicably settled by th






















































































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