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2021 Supreme(Del) 1438

C. HARI SHANKAR
N. N. Buildcon Private Limited – Appellant
Versus
Hscc(india) Private Limited – Respondent


Advocates appeared:
Vineet Jhanji, Advocate, Imran Imran, Advocate

JUDGMENT

C. Hari Shankar, J. - This is a petition under Section 11(6) of the Arbitration and Conciliation Act, 1996 ("the 1996 Act"), seeking appointment of an Arbitrator to arbitrate on the disputes between the parties.

2. Notice was issued in this petition on 3rd February, 2021. Respondent 2 appeared on 4th May, 2021. Thereafter, there has been no appearance on behalf of Respondent 2. Respondent 1 has been served, by all modes including dasti. Respondent 1, however, did not appear before the Court on any of the dates of hearing.

3. No counter-affidavit has been filed, in response to the petition.

4. As such, I have heard Mr. Vineet Jhanji, learned Counsel for the petitioner, and proceeded to dispose of the petition.

5. The dispute arises out of an agreement dated 29th August, 2016, between the petitioner and Respondent 1. Respondent 1 executed the agreement on behalf Respondent 2, All India Institute of Medical Sciences (AIIMS). Mr. Jhanji has pointed out that, in the agreement, "Department" is defined as AIIMS, New Delhi/HSCC. As such, the petition has been filed arraigning HSCC as well as AIIMS as Respondents 1 and 2, respectively.

6. The petitioner was engaged by Respondent 1 for c

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