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2022 Supreme(Del) 31

SURESH KUMAR KAIT
Evam Constructions Pvt. Ltd. – Appellant
Versus
Wei Grow Hotel Concepts Pvt Ltd Kylin – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Manish Kumar, Advocate

JUDGMENT :

1. The present petition has been filed by the petitioner under Section 11 of the Arbitration and Conciliation Act, 1996 seeking appointment of Arbitrator for adjudication of disputes with the respondents.

2. At the outset, learned counsel for petitioner has submitted that defendants No.2 & 3 are proforma parties and the present petition is pressed against defendant No.1 only.

3. As per office report, defendant No.1 is served through ordinary process, however, none has appeared its behalf. It seems respondent No.1 has nothing to oppose in the present petition.

4. Petitioner claims to be a Contractor, who has implemented civil and interior related works at Kylin Restaurant, 309 Ambience Mall, Vasant Kunj, New Delhi, i.e. the premises of respondent in terms of Work Order dated 10.08.2018.

5. According to petitioner, pursuant to the aforesaid Work Order dated 10.08.2018, petitioner commenced the work on the said premises and on 14.09.2012 petitioner submitted a proforma of works to the respondent and certain disputes arose with regard to payment of Rs.1,67,41,398.041/-between the parties. Thereafter, by virtue of notice of demand dated 21.02.2011 petitioner invoked arbitration an

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