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2006 Supreme(Del) 55

SWATANTER KUMAR
INTERIORS INDIA – Appellant
Versus
BALMER LAWRIE AND CO. LTD. – Respondent


SWATANTER KUMAR, J.

( 1 ) THE petitioner is a proprietorship concern and is running its business of interior decoration with its office at 3244, Ranjit Nagar, New Delhi. On 22nd July, 2003, the petitioner was awarded a work for interior and partition as stipulated in the order No. CPP/161/t/060. This work was awarded by respondent No. 1 on back to back contract awarded by respondent No. 2 to respondent No. 1 under tender No. DLH/civil/scope/interior/02 for civil interior/partitioning, electrical, air conditioning, fire fighting system/epabx network and structured cabling/access control and other misc work for its office premises stipulated at Scope Minor, Laxmi Nagar, delhi. The total work awarded by respondent No. 2 to respondent No. 1 was for a total contract value of Rs. 1,86,50,000/ -. The parties entered into an agreement. Clause 42 of the tender document/agreement executed between respondent No. 1 and respondent No. 2 provides that in the event of any conflict between the provisions of these presents of the said agreement, the matter shall be liable to be referred to the arbitration in terms of method provided in the said agreement. Respondent No. 1 who had been given the ent






























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