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2022 Supreme(Del) 88

SURESH KUMAR KAIT
Ktech Engineer Builders Co. Private Limited – Appellant
Versus
Union of India – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Mr. Nikhil Chawla, Mr. Vikas Mishra, Mr. Sanchit Gawri.
For the Respondents: Mr. Ruchir Mishra, Mr. Sanjiv Kumar Saxena, Mr. Mukesh Kumar Tiwari, Mr. Ramneek Mishra.

JUDGMENT :

SURESH KUMAR KAIT, J.

1. The above captioned two petitions have been filed by the petitioner under Section 11(5) and (6) of the Arbitration and Conciliation Act, 1996 seeking appointment of Arbitrator for adjudication of disputes with respondent.

2. Since the parties to the present petition are similar, therefore, with the consent of learned counsel for the parties, these petitions have been heard together and are being disposed of by this common judgment.

3. According to petitioner, for Completion of Balance Works for Construction of Dwelling Units including Allied Services for Officers and ORs at Commissiariate Road II Line and Salt Lake (Kolkata), tenders were invited by respondent and after completion of process, petitioner had entered into two Contracts, one bearing CA No. DGMAP/PH-II/PKG-19/1 (A) (R&C)/02 of 2014-2015 i.e. the Salt Lake Construction Contract (henceforth referred to as the “first contract”) and second, bearing CA No. DG MAP/PH-II/PKG-19/1 (B) (R&C)/03 of 2014-2015 i.e. Dakshineshwar Construction Contract (henceforth referred to “second contract”). The first contract in question is the subject matter of first captioned petition (Arb. Pet. No. 54/2022) an

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