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2013 Supreme(Chh) 303

SANJAY K.AGRAWAL
P. C. JAIN – Appellant
Versus
STATE OF C. G. – Respondent


Advocates:
Advocate Appeared
Shri Rahul Jha, Advocate, for the Applicants.
Shri Vinay Harit, Dy. Advocate General, for the State/non-applicants.

ORDER

1. This order shall govern the disposal of Arbitration Applications No.82, 83, 84 and 85 of 2013 as the question of law involved in all the four applications is one and the same. However, for the sake of convenience, Arbitration Application No. 82 of 2013 is taken-up as the lead case.

2. All the four arbitration applications are filed by applicant-P.C. Jain under Section 11(6) of the Arbitration and Conciliation Act, 1996 (henceforth 'the Act, 1996') seeking appointment of an Arbitrator in terms of agreement dated 04/06/2011 entered into between the applicant and the non-applicants.

Facts:

3. Facts leading to filing of the lead case, i.e., Arbitration Application No. 82 of 2013 may briefly be noted thus:

3.1 On 04/06/2011, the non-applicants issued the work order and the agreement bearing No. 25/DL/2011-12 was executed by the parties and thereafter, the agreement was terminated vide order dated 28/02/2012 stating inter alia that applicant has failed to complete the work by stipulated date of completion.

3.2 Being aggrieved with the order of termination of contract, applicant has challenged the same under Clause 29 of the agreement before the Superintending Engineer vide applicatio















































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