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2021 Supreme(Del) 2289

VIBHU BAKHRU
Laxmi Civil Engineering Services Ltd – Appellant
Versus
Gail (india) Limited – Respondent


Advocates appeared:
Divyakant Lahoti, Advocate, Parikshit Ahuja, Advocate, Divyadeep Chaturvedi, Advocate

JUDGMENT

Vibhu Bakhru, J. - The petitioners have filed the present petition under Section 11(6) of the Arbitration and Conciliation Act, 1996 (hereafter the 'A&C Act'), inter alia, praying that a Sole Arbitrator be appointed to adjudicate disputes between the parties.

    Factual Background

    2. The respondent (hereafter 'GAIL') had issued a Request for Quotation (RFQ) for constructing a Raw Water Treatment Plant for GAIL Petrochemical Complex-II, Pata, Uttar Pradesh (hereafter 'the Project').

    3. Petitioner no.1 submitted its bid in terms of the conditions as set out in the tender documents. Petitioner no. 1's bid was accepted and the contract for the Project (hereafter 'the Contract') was awarded to petitioner no.1 and on 01.06.2012, GAIL sent a facsimile (Fax of Acceptance - 'FoA') communicating the same to Petitioner no.1. Thereafter, on 18.07.2012, a Detailed Letter of Acceptance (DLoA) was issued by GAIL to petitioner no. 1. The Project was to be completed within a period of fourteen months effective from the date of issuance of FoA, that is, from 01.06.2012.

    4. Petitioner no.1 claims that

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