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2021 Supreme(Del) 574

SURESH KUMAR KAIT
K. S. Jain – Appellant
Versus
Union Of India – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. S.W.Haider, Advocate
For the Respondent: Mr. Jagjit Singh, adv

JUDGMENT :

The hearing has been conducted through video conferencing.

1. The relief sought in the present petition before this Court is to appointed sole Arbitrator to under Section 11(6) of the Arbitration and Conciliation Act, 1996 to adjudicate the dispute with respondent.

2. According to petitioner, pursuant to tender rates dated 05.12.2012 submitted by the it with the respondent, the work for linking of BG Track & Turnouts, provision of glued joint, SEJ's, dismantling of existing track & turnouts, handling, lifting, loading, unloading and spreading of ballast, leading of P. Way materials and other misc. works in Motichur, Raiwala, Harrawala yard & shunting neck, extension in Dehradun yards in connection with development of facilities for running 18 coach trains between Hardwar-Dehradun section of Moradabad Division was awarded to the petitioner vide respondent’s acceptance letter bearing No.74-N/4/1/Misc./WNMB dated 08.02.2013. The time period for completion of work was 11 months ending on 07.01.2014.

3. Petitioner claims that all arrangements for execution of the work were made by petitioner, however, due to substantial increase in the scope of work, late decisions, non-availabil

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