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2002 Supreme(Del) 889

D.K.JAIN
SETHI CONSTRUCTION COMPANY – Appellant
Versus
CHAIRMAN AND MANAGING DIRECTOR, NTPC – Respondent


D. K. JAIN

( 1 ) THIS is an application under section 8 and 11 of the Arbitration and Conciliation Act, 1996 ( (for short the Act), praying for appointment of an arbitrator to resolve the disputes and differences, which are stated to have arisen between the applicant and National Thermal Power Corporation, hereinafter referred to as NTPC, the respondent herein.

( 2 ) SHORN of unnecessary details, the material facts leading to the filing of the present application are:

A works contract for the construction of a school building was awarded by the NTPC to one m/s. Gangotri Enterprises Limited (hereinafter referred to as the GEL), vide letter dated 1 July 1998. Since the GEL could not complete the work on time, the said work is stated to have been assigned to the applicant by GEL with the consent of the respondents. According to the applicant, the NTPC vide its office note dated 7 September 1999, finally approved on 7 October 1999, had agreed that the balance work could be entrusted to the applicant. In terms of the said arrangement, the applicant was to execute the work, as per the contract of GEL with NTPC; get the work executed measured; submit the bills as per the rates settled in te




































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