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2020 Supreme(Del) 570

C.HARI SHANKAR
Abb India Limited – Appellant
Versus
Bharat Heavy Electricals Limited – Respondent


Advocates Appeared:
Mohna M Lal, Advocate, Geetali Talukdar, Advocate, Debasis Modak, Advocate, Atul Shanker Mathur, Advocate, Prabal Mehrotra, Advocate, Umang Katariya, Advocate, A. Muraleedharan, Advocate

JUDGMENT

C. Hari Shankar, J. - This petition, under Section 14(1)(a) of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as "the 1996 Act"), seeks a declaration that the mandate of Mr. A. Muraleedharan, Advocate, who was appointed as sole arbitrator by the respondent, to arbitrate on the disputes between the petitioner and respondent, stands terminated de jure, and also calls on this Court to appoint a substitute arbitrator, to continue with the arbitral proceedings.

2. The issue in controversy is purely legal in nature. No detailed allusion to facts is, therefore, necessary.

3. In connection with three Letters of Award, dated 4th November, 2009, whereunder work was awarded, to the petitioner by the respondent, disputes arose. Clause 33.1 of the General Commercial Terms and Conditions (hereinafter referred to as "GCC"), governing the relationship between the petitioner and the respondent, provided for resolution of such disputes, and read thus:

    "33.1 In the event of any dispute or difference arising out of the execution of the Order/Contract or the respective rights and liabilities of the parties or in relation to interpretation of any provision by the Seller/Cont

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