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2005 Supreme(Del) 762

R.C.JAIN
KURUP ENGINEERING COMPANY PVT. LIMITED – Appellant
Versus
BHARAT HEAVY ELECTRICALS LTD – Respondent


Advocates Appeared:
ANUPAM LAL DAS, M.K.S.MENON

R. C. JAIN, J.

( 1 ) THIS is a petition under Section 11 of the arbitration and Conciliation Act, 1996 (hereinafter referred to as the Act) seeking appointment of a sole Arbitrator for settlement of the claims/disputes raised by the petitioner.

( 2 ) THE petition has been made with the averments that the petitioner-company was awarded the work for erection, testing, commissioning and trial operation of 1x100 TPH HRSG set at IOCI Mathura Refinery Co. Gen. Plant Phase III, Mathura (UP) by the respondents by means of letter of intent dated 23. 10. 2003. The contract contains an Arbitration Agreement which provides that all disputes between the parties arising out of or in relation to the contract, other than those for which the decision of the Engineer or any other person is by the contract expressed to be final and conclusive, shall after written notice by either party to the other party, be referred to sole arbitration of the General Manager or his nominee. The arbitration was to be continued in accordance with the provisions of the Arbitration and conciliation Act, 1996. It is alleged that disputes/differences arose between the parties and so by a noticed dated 18. 10. 2004, the pe



















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