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2018 Supreme(Del) 170

NAVIN CHAWLA
Angelique International Limited – Appellant
Versus
SSJV Projects Private Limited – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. R.K. Sanghi, Mr. Ishan Sanghi, Mr. Satendra Kumar, Ms. Shreya Rao
For the Respondents: Mr. Sachin Datta, Ms. Prity Sharma, Ms. Rijuta Mohanty

JUDGMENT :

Navin Chawla, J.

1. This petition under Sections 14 and 15 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the ‘Act’) has been filed by the petitioner challenging the order dated 19th September, 2017 passed by the Sole Arbitrator terminating the arbitration proceedings as far as the claim petition filed by the petitioner is concerned, while proceeding further with the counter claims filed by the respondent no.1.

2. Before adverting to the submissions made by the parties, a few facts may be noted.

3. The dispute between the parties is in relation to the Joint Venture Agreement dated 9th September, 2005 executed between the petitioner and respondent no.1. The respondent no.2 is the joint venture firm formed under the said agreement.

4. Respondent no.2 has been awarded the work of ‘Reconstruction, Rehabilitation and completion of Salma Dam Project (3x14 MW), Afghanistan, Package III: Main Civil and Hydro-Mechanical Work.”

5. Disputes having arisen between the parties, the Sole Arbitrator was appointed by this Court vide its order dated 5th September, 2016 passed in the Arbitration Petition no.442/2016 to adjudicate the same.

6. One of the major contention























































































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