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2022 Supreme(Del) 2

SURESH KUMAR KAIT
AMR-BBB Consortium – Appellant
Versus
Bharat Coking Coal Ltd. – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr.Rajeeve Mehra, Sr. Adv. with Mr.Keshav Sehgal, Adv.
For the Respondent: Mr.Amit Sharma, Adv.

JUDGMENT :

The hearing has been conducted through video conferencing.

1. The present petition has been filed under Section 11(6) read with Section 10(2) of the Arbitration and Conciliation Act, 1996 seeking appointment of sole Arbitrator to adjudicate the disputes inter se the parties.

2. Petitioner is a Consortium comprising of two companies i.e. AMR India Limited, a company registered under the Companies Act, 1956 {AMR Construction Limited} and Building Business Bridges UK Limited {BBB} and the Consortium Agreement was entered into between AMR and BBB on 16.09.2011 and 12.12.2012 for participating in the tender process and development, mining and extraction of the Kapuria Block. As per clause 5 & 6 of the agreement dated 16.09.2011, AMR was the lead partner of the petitioner consortium.

3. According to the petitioner, respondent is a public sector undertaking and a subsidiary of Coal India Limited and engaged in the business of mining of cooking coal and operating the Jharia and Raniganj coalfields in the State of Jharkhand and produces bulk of cooking coal mined in the country.

4. As per the averments made in the present petition, vide letter of acceptance dated 10.09.2011 by the res

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