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1998 Supreme(Del) 776

M.K.SHARMA
ORIENTAL STRUCTURAL ENGINIRING PRIVATE LIMITED – Appellant
Versus
RITES – Respondent


M. K. Sharma, J.

( 1 ) THIS is a petition under Section 11 of the Arbitration and Conciliation Act, 1996, filed by the petitioner praying for filing of the arbitration agreement in this Court and to refer the claims of the petitioner as set out in paragraph 20 of the petition to an independent arbitrator to be appointed by this Court. the aforesaid claims sought to be referred by the petitioner relates to claim of the petitioner of an amount of Rs. 16,21,149. 00 on account of short payment for lead in earth work items and also for payment of interest at 18% per annum on the aforesaid amount from the date of completion of work upto the date of payment and Rs. 10,000. 00 towards cost of the arbitration proceedings.

( 2 ) THE petitioner entered into a contract with the respondent No. 1 for extension of runway 14/32 for a length of 485 on at C. A. Bhubaneswar, under contract dated 28. 4. 1989. The aforesaid work was executed by the petitioner in terms of the agreement and completed the same on 15. 9. 1990. The petitioner thereafter submitted its final bill for the said works and the said final bill was prepared and finalised by the respondent No. 1 in Septembe 1992 and intimation regar














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