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2001 Supreme(Del) 1667

A.K.SIKRI, H.R.MALHOTRA
M. M. AQUA TECHNOLOGIES LIMITED – Appellant
Versus
WIG BROTHERS BUILDERS – Respondent


Advocates Appeared:
PUNIT TANEJA, RAJESH GUPTA, RAVI GUPTA, S.K.TANEJA

S. B. SINHA

( 1 ) THIS writ petition is directed against an order of learned Single of this Court on 15/11/2000 in Arbitration Application No. 277/00, whereby and whereunder Hon ble Mr. Justice d. R. Khanna (a retired Judge of this Court) was appointed as an Arbitrator to determine the disputes which arose between the petitioner herein and the first respondent. The writ petitioner herein filed an application under Section 11 of the Arbitration and Conciliation Act, 1996 (hereinafter REFERRED TO to as the act ) inter alia alleging the following facts;

( 2 ) THE petitioner and respondent No. l entered into a turnkey contract with the second respondent for construction of four Towers at Ghaziabad. In terms of the said contract, the first respondent was required to supply certain material to the second respondent and by an agreement entered into between the petitioner and the first respondent on 17/01/1994 petitioner agreed to supply 7480 cubic meters of finished fill of the specifications mentioned in the agreement. The said contract contains an arbitration agreement which is in the following terms;

"arbitration: disputes arising out of this supply order shall be REFERRED TO to arbitrat








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