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2022 Supreme(Del) 849

V. KAMESWAR RAO
Sat Kartar Tour N Travels – Appellant
Versus
Oil And Natural Gas Corporation Limited – Respondent


Advocates appeared:
Mr. Devesh Saxena, Mr. Ashish Garg and, Mr. Rajeev Garg, Advocates, for the Appellant; Mr. Sandeep Sethi, Sr. Advocate, with, Mr. Varun Mishra, Advocate, for the Respondent.

ORDER

1. The present petition has been filed by the appellant under Section 11(6) of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as 'A&C Act, 1996') with the following prayer:

    In view of the above facts and circumstances, it is most respectfully prayed to this Hon'ble Court to:

    A) Allow the present Petition and set aside the arbitrary appointment of the sole arbitrator Sh. ABL Shrivastava by the respondent.

    B) Quash Clause 16 of the GEM General Terms and Conditions of the agreement in light of the judgment of the Hon'ble Supreme Court in the case of Perkins Eastman Architects DPC & And v HSCC Ltd 20 19 SCC Online SC 1517.

    C) Appoint a Sole Arbitrator as per the provisions of Arbitration and Conciliation Act, 1996, to adjudicate the disputes/ difference between the parties;

    D) Pass any other order or relief which the Hon'ble Court may deem fit in the interest of Justice in favour of Petitioner.

    2. The case of the petitioner as noted from the petition and contended by Mr. Ashish Garg is that on November 27, 2020, the petitioner was awarded a contract by the respondent company for hiring services of 24 Nos. of SUV category vehicles by way of GEM contract. According to

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