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2021 Supreme(Cal) 177

ASHIS KUMAR CHAKRABORTY
Tantia Constructions Limited – Appellant
Versus
Union Of India – Respondent


Advocates Appeared:
Micky Chowdhary, Advocate, Sourojit Dasgupta, Advocate, Sanjay Kr Baid, Advocate, Aparna Banerjee, Advocate

JUDGMENT

Ashis Kumar Chakraborty, J. - In this application under Section 11(6) of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as 'the Act of 1996') the petitioner company has prayed for appointment of a sole Arbitrator to resolve the disputes arisen between themselves and the respondent, Eastern Railway relating to the Contract No.CE/C/VI/71 of 2012-2013 dated March 6, 2013 (hereinafter referred to as ' the said contract').

2. It is the case of the petitioner company that in terms of the said contract they had to carry out the work involving earthwork in filling, cutting, blanketing, construction of minor bridges, platform walls/flooring, drains, station buildings, gate lodges, roads, etc. and other ancillary works in Bandel (including yard) and Talandu (including yard up to Km. 51.00) in connection with the construction of the third line between Bandel and Bainchi. The terms and conditions under which the petitioner had to carry out the said work were those mentioned in the said contract, as well as the General and Special Conditions of Contract framed by the respondent Railway (hereinafter referred to as 'the GCC'). Clause 63 read with clause 64(1) of the G

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