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2018 Supreme(Del) 2998

PRATHIBA M.SINGH
IILM World School – Appellant
Versus
S. S. Mann – Respondent


Advocates Appeared:
For the Petitioner: Mr. Samrat Nigam, Mr. Sandeep Mittal and Ms. Rekha
For the Respondents: Mr. Sandeep Sharma and Mr. Aman Dhyani

JUDGMENT :

Prathiba M. Singh, J.

1. The present petition under Section 34 of the Arbitration and Conciliation Act, 1996 has been filed challenging the award dated 21st May, 2010 passed by the learned Sole Arbitrator. The Respondent – Contractor (hereinafter ‘Contractor’) was awarded a construction contract on 1st April, 2005 for building the IILM campus at Gurgaon. The total value of the contract comprising civil/structural work was Rs.4,82,37,613/-. The contract had an arbitration clause, which reads as under :

“14. ARBITRATION

In the event of any dispute arising out of or in relation to this agreement between the parties hereto the same shall first be sought to be settled by arbitration governed by the Arbitration & Conciliation Act, 1996 and the rules framed there under, whose decision shall be final and binding upon the parties Jurisdiction shall be at Delhi for all cases.”

2. Subsequent to the main contract awarding the work, a supplementary contract/work order was awarded on 1st December, 2005 and thereafter, a third work order was awarded on 7th December, 2005. The second wor








































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