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2016 Supreme(Del) 392

MANMOHAN SINGH
Rajesh Kumar – Appellant
Versus
Arss Infrastructure Projects Limited – Respondent


Advocates:
Advocate Appeared:
Mr. Ravi Shankar Garg
Mr. Anand Varma, for R-1

JUDGMENT :

Manmohan Singh, J.

1. The petitioner has filed the petition under Section 11(6) of Arbitration and Conciliation Act, 1996 for appointment of Arbitrator as per clause No. 13 of the Sub-contractor agreement dated 12th April, 2013 executed between the parties.

2. The petitioner is the proprietor of M/s Shiva Construction Company engaged in the business of Construction work i.e. Road and other construction work.

3. The respondent Nos. 1 and 2 are the Companies also engaged in the business of constructions work. It is submitted that respondent No.1 and 2 used to take big construction projects under joint venture.

4. It is submitted by the petitioner that a dispute arose between the parties as the petitioner is claiming an amount of Rs.6,40,43,619/- to be recoverable from the respondents on account of due payments pertaining to the work done by the petitioner and damages and loss suffered to them by the fraudulent act of the respondents as they have cheated the petitioner.

5. In terms of Clause 13 of the Sub-contract Agreement dated 12th April, 2013, all disputes, differences and/or claims arising out of the said agreement are subject to settlement by way of arbitration, wherein the






















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