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2021 Supreme(Del) 650

SANJEEV NARULA
ISGEC Heavy Engineering Ltd. – Appellant
Versus
Indian Oil Corporation Limited – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Mr. Shambu Sharan, Advocate.
For the Respondent:Mr. Neelanjan Deka, Advocate.

JUDGMENT :

SANJEEV NARULA, J.

1. The present petition under Section 11 (4) and (6) of the Arbitration and Conciliation Act, 1996 [hereinafter, ‘the Act’] seeks appointment of an Arbitrator in terms of Clause 9.0.0.0 of the General Conditions of Contract [hereinafter, ‘GCC’], incorporated by way of reference under a Letter of Award dated 22nd September, 2016 [hereinafter, ‘LoA’], whereunder, a Work Order, Work Order No. 24875185, was issued to the Petitioner for carrying out the works of “Residual Process Design, Engineering, Detailed Engineering (including HAZOP Study), Procurement, Supply, Fabrication, Inspection, Transportation, Storage, Construction, Installation, Testing, Pre-Commissioning, Commissioning, Performance Guarantee Test Run, Operation and Maintenance of 80 TPA (NET) Petcoke Fired CFBC Boiler at Guwahati Refinery” of the Respondent.

2. The arbitration clause contained in the GCC, reads as under: -

    “9.0.0.0 ARBITRATION

9.1.0.0 Subject to the provisions of Clauses 6.7.1.0, 6.7.2.0 and 9.1.1.0 hereof, any dispute arising out of a Notified Claim of the CONTRACTOR included in the Final Bill of the CONTRACTOR in accordance with the provisions of Clause 6.6.3.0 hereof, if the CO

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