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2016 Supreme(Del) 3500

VIBHU BAKHRU
GANGA CONTRACTS AND PROJECTS LTD. – Appellant
Versus
INDIAN RAILWAY WELFARE ORGANISATION – Respondent


Advocates Appeared:
For the Petitioner: Mr. Salar M. Khan, Mr. Changhel Khan, Mr. Abhishek Kumar and Mr. Ausaf Malik

JUDGMENT :

VIBHU BAKHRU, J.

IA No. 11433/2016

1. Exemption is allowed, subject to all just exceptions.

2. The application stands disposed of.

3. The petitioner has filed the present Petition under Section 9 of the Arbitration & Conciliation Act, 1996, praying as under:-

"A. Issue ex parte direction, to be confirmed after notice of motion, to the respondent to maintain status quo, in respect of the contract dated 20.07.2015, awarded to the petitioner for construction of single storied row houses including 2 Nos. Community buildings, guard room, shops and all external services at IRWO's Rail Vihar, Kota (Rajasthan) (Agreement dated 20.07.2015).

B. Issue ex parte direction to the respondent, to be confirmed after notice of motion, that the Bank Guarantee of Rs. 66, 69,000/-, submitted by the petitioner, shall not been cashed;

C. Direct the respondent to attempt settlement of dispute through mutual settlement/conciliation m terms of the agreement dated 20.07.2015."

4. The petitioner, Ganga Contracts and Projects Limited, claims to be a reputed contractor and had bid for award of contract for "CONSTRUCTION OF SINGLE STOREYED ROW HOUSES INCLUDING 2 NOS COMMUNITY RUILDINGS, GUARD ROOM, SHOPS, AND






























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