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2018 Supreme(Del) 2983

NAVIN CHAWLA
ABB India Limited – Appellant
Versus
Indure Private Limited – Respondent


Advocates Appeared:
For the Petitioner: Ms. Mohna M. Lal, Ms. Geetali Talukdar
For the Respondents: Ms. Vasundhra Bhardwaj

JUDGMENT :

NAVIN CHAWLA, J.

1. This petition under Section 11 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the ‘Act’) has been filed by the petitioner seeking appointment of an Arbitrator for adjudicating the disputes that have arisen between the parties in relation to the Letter of Award for Design & Engineering, Manufacture, Inspection, Supply, Transportation of the entire material of Electrical System for RRVUN-Suratgarh on FOR Site basis and in relation to Letter of Award for Receipt/Unloading at site, Movement within site to its location, Complete Fabrication, Erection, Testing & Commissioning including painting and Performance Guarantee Test of the complete Electrical System Package for RRVUN-Suratgarh, both dated 01.03.2007.

2. The said Letters of Award contain Arbitration Agreements in form of Clause 19 of the first Letter of Award and Clause 20 of the second Letter of Award, which are in identical terms and are reproduced hereinunder:-

“19.0 SETTLEMENT OF DISPUTES

This will be settled as per Clause No. 46 & 47 of General Terms and Conditions for supply

xxxx

20.0 SETTLEMENT OF DISPUTES

This will be settled as per Clause No.46 & 47 of General Terms and C






























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