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2021 Supreme(Del) 851

SANJEEV NARULA
Manisha Kulkarni Proprietor Of Mani Engineers Pune – Appellant
Versus
NCC Limited – Respondent


Advocates appeared:
Jay Savla, Advocate, Jasdeep Singh Dhillon, Advocate, Priya Kumar, Advocate, Tejas Chhabra, Advocate, Utkarsh Pratik, Advocate

JUDGMENT

Sanjeev Narula, J. - The present petition has been filed under Section 11(6) of the Arbitration and Conciliation Act, 1996, seeking appointment of a Sole Arbitrator for adjudication of disputes between the parties.

2. The case of the Petitioner is that the Respondent on behalf of its principal employer NBCC, floated a tender in respect of an NBCC project at Kidwai Nagar, New Delhi. On acceptance of Petitioners bid, they were appointed as the contractor for the afore-noted project on a back-to-back basis with respect to work stipulated under three identically worded Letter of Intent [hereinafter referred to as the LOI], details whereof are as under:

    (i) NCCL/KIDWAI-II/LOI/15-16/020 dated 15th October 2015, for "Plumbing works of Social Infra complex" for a value of Rs 3.22 crore. [hereinafter referred to as 1st LOI]

    (ii) NCCL/KIDWAI-II/LOI.15-16/011 dated 08th September 2015, for "Firefighting works of Tower VI and VII" for a value of Rs 2.90 crore. [hereinafter referred to as 2nd LOI]

    (iii) NCCL/KIDWAI-II/LOI. 16-17/001 dated 14th April 2016, for "Plumbing works for Tower VI and VII (166 flats)" for a value of Rs. 8.51 crore. [hereinafter referred to as 3rd LOI]

    3. Subsequently,

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