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2017 Supreme(Del) 2975

SANJEEV SACHDEVA
Afcons Infrastructure Limited – Appellant
Versus
Ircon International Limited – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. Manu Seshadri, Mr. Ishan Bisht
For the Respondent: Mr. Dinesh Agnani, Ms Leena Tuteja

JUDGMENT :

Sanjeev Sachdeva, J.

1. The petitioner by this petition under Section 11 of the Arbitration & Conciliation Act, 1996 (hereinafter referred to as ‘the Act’) seeks appointment of an Arbitrator on behalf of the respondent.

2. Respondent issued Notice Inviting Tender dated 25.07.2013 calling for bids for the work of Jammu & Kashmir Rail link Project- Dharam Quazigund Section VIII, Krawah, Post : Banihal, District Ramban (J&K) Pin- 182146.

3. The petitioner was a successful bidder for the project and entered into a letter of award with the respondent.

4. Disputes have arisen during the execution of the Contract leading to the petitioner invoking arbitration by notice dated 19.11.2016.

5. Clause 62 of the Notice Inviting Tender contains an Arbitration Clause. The relevant clause 62.4 of the said clause 62 reads as under:-

“62.4 (a)(i) Sole Conciliator/Sole Arbitrator:

In cases where the total value of all claims/counter-claims in question added together does not exceed Rs.2.00 Crore (Rupees Two Crores), the Arbitral Tribunal shall consist of a sole arbitrator who shall be an officer of N.Rly, not below J.A. grade level officer (Approved list of N.Rly), nominated by the Chairman cum Ma



































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