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2022 Supreme(Bom) 1076

G.S.KULKARNI
Vishwajit Sud & Co. – Appellant
Versus
L & T Stec JV, Mumbai – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Aayush Agarwala a/w. Mr. Saurish Shetye, Ms. Jyotsna Kondhalkar, Ms. Dhanashree Deshpande i/b. Ms. Jyotsana Kondhalkar Advs.
For the Respondent: Mr. Shyam Kapadia, Mr. Dhruva Gandhi a/w. Sanaya Dadachanji, Himalaya Chaudhari i/b. M/s. Manilal Kher Ambalal

JUDGMENT :

1. These are two applications filed under section 11 of the Arbitration and Conciliation Act, 1996 (for short “ACA”) whereby the applicants have prayed for appointment of an arbitral tribunal to adjudicate the disputes and differences between the parties, which have arisen under Sub-Contract Agreements dated 10 August, 2017 and 22 September, 2018 respectively, under which the applicants have been appointed by the respondent as a sub-contractors for the work of excavation of soil/muck/rock/debris at Hutatma Chowk and Churchgate Station, which was in execution of the contract as awarded to the respondent for the Mumbai Metro Rail Corporation Ltd. The arbitration agreement between the parties is contained in Clause 60.1 of the Agreements in question in regard to which there is no dispute.

2. The applicants contended that the applicants were awarded work by the respondent under the sub-contracts in question primarily for excavation of the soil from the sites in question. According to the applicants, the work having being undertaken amounts had become due and payable by the respondent to the applicant, however, the respondent refused to make payment of such amounts.

3. It is cas

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