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2021 Supreme(Del) 1273

SURESH KUMAR KAIT
Rea Infra Engineering Ltd. – Appellant
Versus
Delhi State Industrial And Infrastructure Development Corporation Ltd – Respondent


Advocates appeared:
Udit Seth, Advocate, Sarthak Chillar, Advocate

JUDGMENT

Suresh Kumar Kait, J. - The above captioned petitions have been filed under the provisions of Section 14 and 15 of the Arbitration and Conciliation Act, 1996 seeking appointment of a substituted Arbitrator.

2. Petitioner claims to be engaged in the business of infrastructure development and construction, who had submitted its offer to a tender published by respondent DSIIDC for construction of 1272 Dwelling unit with external Development & Electrification of project, which was issued by the petitioner vide letter of Acceptance dated 23.01 .2008. Pursuant thereto, a Contract was executed between the parties on 28.02 .2008. Thereafter certain disputes arose between the parties and respondent invoked arbitration vide letter dated 09.06. 2017. Further, respondent vide its letter dated 11.07.2017 appointed the Sole Arbitrator to adjudicate the disputes, who entered into reference vide letter dated 14.07 .2017 and fixed the preliminary date of hearing on 28.08.2017. However, petitioner came to know in 2018 that the Arbitrator so appointed was on the panel of respondent- DSIIDC. Petitioner has cited various reasons for not being able to pursue the case thereafter.

3. Learned counsel

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