SURESH KUMAR KAIT
Simplex Infrastructures Limited – Appellant
Versus
Director General Married Accommodation Project – Respondent
JUDGMENT :
SURESH KUMAR KAIT, J.
1. The present petition has been filed under Section 11 of the Arbitration and Conciliation Act, 1996 seeking appointment of sole Arbitrator to adjudicate the disputes with respondent in terms of Clause 60 of the General Conditions of Contracts for Lump-sum contracts and measurement contracts entered into between the parties.
2. Petitioner is a company established in 1924 and is in business of executing projects in several sectors like Transport, Energy and Power, Mining, Buildings, Marine, Industrial Structures and Real Estate.
3. Respondent is Director General, Married Accommodation Project of the Ministry of Defence and works under the aegis of the Engineer in chief and has been entrusted with the task of constructing accommodation for Married Personnel of the Armed Forces.
4. As per the averments made in the present petition, respondent issued a tender for construction of residential accommodation for Army and Air Force at Lucknow, Fatehgarh and Memaura on 28.06.2010. Petitioner submitted its bid on 07.09.2010 for a lump-sum price of Rs. 176,52,21,231/-. By way of a separate letter, it also offered the respondent a rebate of 14% on such quoted sum. R
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