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2022 Supreme(Del) 1473

SURESH KUMAR KAIT
Subhash Chander – Appellant
Versus
Delhi Development Authority – Respondent


Advocates appeared:
Bhupesh Narula, Advocate, Akshay Chandra, Advocate, Shobhna Takiar, Advocate

JUDGMENT

Suresh Kumar Kait, J. - The present petition has been filed under Section 11(6) of the arbitration and Conciliation act, 1996 seeking appointment of sole arbitrator to adjudicate the disputes inter se the parties.

2. as per the averments made in the present petition, petitioner is a construction contractor. Respondent had invited the tender for the work of 'D/o main land including 60 Mtr. & 45 Mtr. Master Plan road in Dwarka project phase-II (D/o Sector-23B, 24, 25 & 26) Subhead: Providing and laying peripheral sewer line sector-25 Dwarka Phase-II.' The work was awarded to the petitioner through acceptance letter No. F31(1695)EE/WD-3/DDa/a/958 dated 09.11.2017 and agreement to the same effect was on 14.11.2017. Respondent is the custodian of the said agreement and as per the contract, the stipulated dates of commencement and completion for the above work were 19.11.2017 and 17.05.2018 respectively. However, according to petitioner, the work could not be completed within the stipulated time due to various hindrances on the part of the respondent, i.e. non-availability of site and breaches of contact attributable to the respondent. For these reasons, the work which was to be c

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