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2021 Supreme(Del) 416

SURESH KUMAR KAIT
BSCPL Infrastructure Ltd. – Appellant
Versus
Union of India – Respondent


Advocates Appeared:
For the Petitioner:Mr. S.K. Chandwani, Advocate.
For the Respondent:Mr. Chetan Sharma, ASG With Mr. Ripudaman Bhardwaj, CGSC, Mr. Amit Gupta, Mr. Sahaj Garg & Mr. Kushagra Kumar, Advocates.

JUDGMENT :

The hearing has been conducted through video conferencing.

1. Petitioner- M/s BSCPL Infrastructure Ltd. has preferred the present petition under Section 11 sub-section (6) of Arbitration and Conciliation Act, 1996 seeking appointment of an Arbitrator to settle the disputes with respondents, as mentioned in Para-7 of the present petition. A direction is also sought to respondents to produce original Agreement dated 31.03.2017.

2. The crux of the case in hand, according to petitioner, is that on 15.02.2017, respondent No.1- Chief Engineer (AF) WAC invited applications from the Contractors for issue of tender for the work relating to “Resurfacing of Runway and Aircraft Operating Areas at AF Station Chandigarh” and vide letter dated 15.02.2017, authorized the petitioner to tender for the above work and thereafter, petitioner submitted the tender. Respondent No.1, Accepting Officer, for and on behalf of President of India, vide letter No.83022/CHD/283/E8 dated 31.03.2013 issued by their Chief Engineer, communicated the petitioner that its tender had been accepted for a contract sum of Rs.433,92,71,325.30. The period fixed for completion of the work was 28 months commencing from

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