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2021 Supreme(Del) 2122

C. HARI SHANKAR
Pushkarraj Construction Pvt. Ltd. – Appellant
Versus
Union Of India – Respondent


Advocates appeared:
Kamal Gupta, Advocate, Nipun Jain, Advocate, Sparsh Aggarwal, Advocate, Praveen Kumar Jain, Advocate, Sneh Bairwa, Advocate

JUDGMENT

C. Hari Shankar, J. - This is a petition under Section 11 of the Arbitration & Conciliation Act, 1996 ('the 1996 Act') for appointment of an arbitrator to arbitrate on the disputes between the parties.

2. Consequent to acceptance of the bid of the petitioner, a contract was executed between the petitioner and the respondent for construction of residential accommodations at Mamun, Punjab, Damtal, Himachal Pradesh and Basoli, Jammu & Kashmir. Clause 60 of the General Conditions of Contract (GCC) provided for resolution of disputes by arbitration. It reads thus:

    "60. Arbitration.

      All disputes between the parties to the contract (other than those for which the decision of the DG MAP or any other person is by the contract expressed to be final and binding) shall, after written notice by either party to the contract to the other of them, be referred to the sole arbitration of serving officer having degree in Engineering or equivalent or having passed Final/Direct Final Examination of Sub Division II of Institute of Surveyors (India) recognized by the Govt. of India to be appointed by the Engineer-in-Chief, Army Headquarters, New Delhi or in his absence, the officer officiating as E

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