C. HARI SHANKAR
Akash Builders Thru. A. R. – Appellant
Versus
Union Of India Thru Sr. den -works Northern Railway – Respondent
JUDGMENT
C. Hari Shankar, J. - This is a petition under Section 11(6) of the Arbitration and Conciliation Act, 1996 ("the 1996 Act" in short), for appointment of an arbitrator, to arbitrate on the disputes between the parties.
2. Though Mr. Singh, learned Counsel for the respondent, had initially opposed the reference of disputes to arbitration, on the last date of hearing, i.e. on 9th September, 2021, however, in view of the order passed in ABC Experts & Engineers v Union of India MANU/DE/1700/2021, he agreed to a reference of disputes to arbitration, leaving open, all contentions that his client might seek to urge in its support in the arbitral proceedings.
3. Mr. Singh, has, thereafter, placed on record, the list of arbitrators maintained by the respondent, out of which, Mr. Dubey, learned Counsel for the petitioner had, on instructions, agreed to select the arbitrator to arbitrate on the various disputes.
4. Mr. Dubey has, thereafter, on instructions, agreed to arbitration of the disputes in this petition, by Mr. Shahzad Shah, IRAS (Retd.), who figures at Serial No. 52, of the list of arbitrators maintained by the respondent.
5. Accordingly, the disputes between the parties stand re
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