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2016 Supreme(Del) 3315

VIBHU BAKHRU
K. S. S. PETRON PVT. LTD. – Appellant
Versus
GYPSUM STRUCTURAL INDIA PVT. LTD. – Respondent


Advocate Appeared:
For the Petitioner:Mr K.K. Sharma, Senior Advocate with Mr Vinod Wadhwa, Mr Ajay Saroya and Ms P. Tripathi, Advocates.
For the Respondent:Dr Anurag Kumar Agarwal and Mr Umesh Mishra, Advocates.

ORDER :

VIBHU BAKHRU, J.

1. The petitioner, M/s K.S.S. Petron Pvt. Ltd (hereafter 'KSS'), has filed the present petition under Section 34 of the Arbitration and Conciliation Act, 1996 (hereafter 'the Act') impugning the award dated 18.03.2016 (hereafter 'the impugned award') passed by the Sole Arbitrator in respect of the disputes between the parties in relation to execution of works described as “Horizontal Directional Drill (HDD) for laying of main line of OD 24"and 6" CS conduit pipe for OFC duct at NH-17.”

2. The only ground urged by KSS for setting aside the impugned award is that the Arbitrator had no jurisdiction to adjudicate the claims made by Gypsum Structural India Pvt. Ltd. (hereafter 'GSI') in relation to execution of the works in question. According to KSS, there is no arbitration agreement between the parties in relation to the contract for execution of the aforesaid works.

3. Briefly stated, the relevant facts necessary to address the aforesaid controversy are as under:-

3.1 KSS is an engineering and construction company and was awarded a project by Gas Authority of India Limited for "Pipeline Laying and Terminal Works (Spread-D)” pertaining to the Dhabol Bangalore Pipe











































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