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2021 Supreme(Del) 1754

C. HARI SHANKAR
North East Engineering And Construction – Appellant
Versus
Brahmaputra Cracker And Polymer Limited – Respondent


Advocates appeared:
Ginny J Rautray, Advocate, Anushka Ashok, Advocate, Navdeep Singh, Advocate, Rachit Dhawan, Advocate, N.L. Ganapathi, Advocate, Sidhant Garg, Advocate, Amiteshmani Singh, Advocate, Manager (Law), Advocate, Jyotirupa Phukan, Advocate, Manager (Law, Advocate

JUDGMENT

C .Hari Shankar, J. - This is a petition under Section 11(6) of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as "1996 Act"), seeking reference of certain disputes, pending between the petitioner and the respondent, to arbitration. The claims, of which the petitioner seeks reference, are nine in number and have been enumerated in the petition thus:

    "I. Claim no. I- Refund of encashed Bank Guarantee amounting to Rs.2,10,00,000/- with interest @18% per annum from 06.09.2016 till realization.

      II. Claim no. II- Payment of the amount of Rs. 5,95,56,611.51 due against 30th R/A and Final Bill with interest @18% per Annum from 13.04.2017 (60 days after the date of submission of 30th R/A & Final Bill on 13.02.2017) till realization.

        III. Claim no. III- Refund of Rs. 1,34,79,327/- with interest @18% per annum recovered by BCPL from R/A bills towards Price Reduction Schedule (PRS).

          IV. Claim no. IV- Refund of amount of Rs. 29,93,017/-with interest @18% per annum deducted towards mandatory discount against CENVATable excise duty from R/A Bills as all excise invoices against bought out items have been submitted to BCPL from time to time for availing CENVAT.

            V. Claim no

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