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2009 Supreme(Del) 387

MANMOHAN SINGH
Bestech India Private Limited – Appellant
Versus
MGF Developments Ltd. – Respondent


Advocates appeared:
For Appellant/Petitioner/Plaintiff: Manish Sharma and Rohan Sharma, Advs.
For Respondents/Defendant: Jeevesh Nagrath, Adv.

JUDGMENT

Manmohan Singh, J.

.1. The present petition under Section 11(6) of the Arbitration and Conciliation Act, 1996 (for short “the Act”) has been filed by the petitioner for appointment of an Arbitrator. There is a contract dated 5th December, 2000 having arbitration Clause 49 and 51 which read as under: Clause 49:

.Except where otherwise provided, all disputes arising out of or relating to the contract, instructions or orders of Site engineers/Architect, or the execution or failure to execute the same, whether arising during the progress of the work or after completion or abandonment thereof shall be referred to a Sole Arbitrator to be appointed by accepting authority. The Arbitrator shall conduct proceedings as per the Arbitration Act, 1940 or any statutory modification or amendment to it from time to time.” Clause 51: “This Contract shall be governed by the Indian Laws for the time being in force. Any legal proceedings related to this contract shall be limited to Courts of laws under jurisdiction of Delhi Courts.

2. The brief facts are that certain disputes arose in relation to two contracts regarding civil construction, fire fighting and plumbing work in terms of which an a






































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