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2021 Supreme(Del) 2017

C. HARI SHANKAR
Ilfs Engineering And Construction Company Limited – Appellant
Versus
Indian Strategic Petroleum Reserves Limited – Respondent


Advocates appeared:
Hrishikesh Baruah, Advocate, Aditi Mittal, Advocate, Aditya Narayan Mahajan, Advocate, Siddhant Tripathi, Advocate, Jatin Kumar, Advocate, Dinesh Pardasani, Advocate, Shania Elias, Advocate

JUDGMENT

C Hari Shankar, J. - By this petition under Section 11 (6) of the Arbitration and Conciliation Act, 1996 ( the 1996 Act ), the petitioner seeks reference of its dispute with the respondent to arbitration.

2. The issue in controversy being limited, equally limited need be the reference to the factual fasciculus in which the dispute arises.

3. By contract dated 9th September, 2014, respondent entrusted, to the petitioner, the work of laying of a pipeline from Land Fall Point (LFP) to Mangalore/Padur Cavern for the Strategic Storage of Crude Oil at Padur. The contract contained General and Special Conditions, i.e. the GCC and the SCC, respectively.

4. Vide letter dated 9th February, 2018, the petitioner raised claims for compensation towards cost escalation borne by it in performing of the contracted work. The claims were rejected by the respondent vide letter dated 16th February, 2018. The petitioner rejoined vide letter dated 3rd April, 2018.

5. At this juncture, it would be appropriate to reproduce Clauses 1.0.34.0, 6.2.5.0, 6.3.3.0, 6.6.0.0, 6.6.1.0, 6.6.2.0, 6.6.3.0, 6.6.3.1 and 9.1.0.0 of the GCC, governing the contract between the parties, thus:

    1.0.34.0 Notified Claim shal





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