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2005 Supreme(Del) 977

BADAR DURREZ AHMED
Alstom – Appellant
Versus
North Eastern Electric Power Corp – Respondent


Advocate Appeared
Ms. Kum Kum Sen with Mr. Rajiv Kumar Diwakar and Ms.
Maheshwari, Advocates for the Petitioner.
Mr. Jos Chiramel and Mr. R.K. Tripathi, Advs. for the Respondents / State

Judgment

Badar Durrez Ahmed, J. (Oral) This is an application under Section 11(6) of the Arbitration and Conciliation. Act, 1996 (herein referred to as the said Act). The petitioner/applicant seeks the appointment of an arbitrator to enter upon the reference and adjudicate the differences and disputes between the parties in terms of clause 27 of the general conditions of contract. The said clause 27 contains the arbitration clause and the entire procedure for arbitration and it would be material to reproduce the same for disposal of this application:

"27.0ARBITRATION 27.1 If any dispute or difference of any kind whatsoever shall arise between the purchaser and the Contractor, arising out of the Contract for the performance of the works whether during the progress of the works or after its completion or whether before or after the termination, abandonment or breach of the Contract, it shall, in the first place, be referred to and settled by the Engineer, who, within a period of thirty (30) days after being requested by either party todo so, shall give written notice of his decision to the Purchaser and the Contractor.

27.2. Save as hereinafter provided, such decision in respect of eve























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