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2022 Supreme(Del) 606

NEENA BANSAL KRISHNA
S. S. Engineers – Appellant
Versus
Union of India – Respondent


Advocates Appeared:
For the Petitioner: Ms. Mehak Dogra.
For the Respondent: Mr. Himanshu Upadhyaya and Ms. Riya Pandey.

JUDGMENT :

Neena Bansal Krishna, J.

1. A petition under Section 11 of the Arbitration & Conciliation Act, 1996 read with section 151 CPC has been filed on behalf of the petitioner for appointment of independent arbitrator.

2. The facts in brief are that Sh. V.K. Kapoor, sole proprietor of the petitioner firm was awarded work pertaining to "Construction of Limited Height Subway of RDSO design, RCC boxes by cut and cover methodology in lieu of level crossing no. 2, 3 & 5 Garhi Harsaru Jn to Faruukhnagar Section" vide acceptance letter dated 11th March, 2016 for Rs.5,00,37,709.61. The stipulated date of completion of 12 months from the date of awarding the work i.e the work was to be completed by 10th March, 2017. The respondent did not show any seriousness and neither proper site was handed over nor the drawings/ requisite instructions were given to the petitioner for execution of work despite several requests. Despite these difficulties, work was successfully completed by the petitioner on 30th June, 2018. The petitioner submitted the final bills, but the respondent kept on evading on one pretext or the other. The petitioner was coerced into signing the final bill as well as other docu

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