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2022 Supreme(Bom) 1569

SANDEEP V. MARNE
Mehra & Company, Through its Partner, Mr. Shailendra Mahendraprasad Mehra – Appellant
Versus
State of Maharashtra – Respondent


Advocates Appeared:
For the Applicant : Mr Girish K. (Naik) Thigale.
For the Respondents: Mr S.S. Dande, Mr B.R. Surwase.

JUDGMENT :

1. This application is filed for appointment of arbitrator under sub section 6 of section 11 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as "the Act of 1996" for the sake of brevity).

2. The relevant clauses of the agreement between the parties under which appointment of arbitrator is sought are as under :-

    30 (1) Except otherwise specified in the contract & subject to the powers delegated to him by Corporation under the code, rules then in force, the decision of the Superintending Engineer of the circle for the time being shall be final, conclusive, & binding on all parties of the contract upon all questions relating to the meaning of the specifications, designs, drawings and instructions hereinbefore mentioned and as to the quality or workmanship or materials used on the work, or as to any other question, claim, right matter, or thing whatsoever, if any way arising out of, or relating to the contract, designs, drawings, specifications, estimates, instructions, orders, or these conditions, or otherwise concerning the works, or execution, or failure to execute the same, whether arising during the progress of the work, or after the completion or ab

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