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2021 Supreme(Del) 2244

C. HARI SHANKAR
Shawl Engineers And Contractors Pvt Ltd – Appellant
Versus
Union Of India – Respondent


Advocates appeared:
Vivekanand, Advocate, Abhishek Semwal, Advocate, Ashok Singh, Advocate

JUDGMENT

C. Hari Shankar, J. - Despite repeated opportunity, no reply is on record, filed by the respondent.

2. The right to place the reply on record, accordingly stands forfeited.

3. This is a petition under Section 11(6) of the Arbitration and Conciliation Act, 1996, seeking appointment of arbitrators, to arbitrate on the dispute/disputes between the parties.

4. The dispute arises out of a contract, dated 23nd November, 2013, between the petitioner and the respondent for construction of two lane road over bridge in lieu of level crossing No. 507 at Km. 1542/26-28 near Dausni Railway station along with other allied works on Laksar-Saharanpur-Tender Opened on dated-06.03.2013 .

5. The contract being with the Ministry of Northern Railways, Clause 64 of the General Conditions of Contract governing contracts with the Railways would apply, which provides for arbitration as the mode of resolution of disputes and reads as under:

    "64.(1) Demand For Arbitration:

      64(1)(i)- In the event of any dispute or difference between the parties hereto as to the construction or operation of this contract, or the respective rights and liabilities of the parties on any matter in question, dispute or differenc

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