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2021 Supreme(Bom) 1250

S.J.KATHAWALLA
F A Enterprise – Appellant
Versus
Vidarbha Irrigation Development Corporation – Respondent


Advocates appeared:
Shilpa Kapil, Advocate, P.M. Palshikar, Advocate

JUDGMENT

S J Kathawalla, J. - The above Arbitration Petition is filed by the Petitioner under Section 11 of the Arbitration and Conciliation Act, 1996 ('the Act') seeking appointment of an Arbitrator to decide the disputes between the Petitioner and the Respondents arising out of the Work Contract dated 17th August, 2009.

2. The facts which have led to the filing of the above Arbitration Application, are in brief set out hereunder :

2.1 The Petitioner is a registered Partnership Firm, undertaking engineering and irrigation contracts of various organizations.

2.2 Respondent No.1 is a Statutory Corporation formed by the Government of Maharashtra in the year 1997, for timely completion of irrigation projects in the Vidarbha Region. Respondent No.2 is the Executive Director of Respondent No.1.

2.3 Pursuant to a Tender Notice No.1/2009-2010, a Work Order dated 17th August, 2009 was issued by the Respondents to the Petitioner for "Construction of left bank, main canal of Lower Penganga Project @ RD 36000 mt to 55000 mt., of District Yavatmal", at Tender Cost of Rs.699,76,22,994/-, to be completed within 72 months from the date of issue of the said Work Order. The work was to be carried out a

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